New York, NY -- (SBWIRE) -- 02/26/2014 -- Tenants facing ejectment action in New York City may request the assistance of David L. Moss and Associates for effective legal representation. A prominent law firm in NYC, they assist tenants for asserting their rights and fight ejectment proceedings that they may find unjustified. Tenants may request for an appointment for free case evaluation.
“A landlord may initiate an ejectment action to obtain possession of the property from the tenant. The action is started in Civil or Supreme Court, depending on the property value. It is different to holdover proceedings that are started in Housing Court. A landlord may file for ejectment proceeding when some legal technicalities debar them from commencing a holdover proceeding in Housing Court,” commented a senior lawyer with the company.
The issuance of the warrant of eviction by a court cancels the agreement under which the tenant held the premises authorizing the sheriff to execute the eviction that means the removal of a tenant and their belongings from an apartment. The marshal would serve a notice on the tenant before the eviction. Once the notice expires, they would evict the tenant while ensuring that any entrance locks to which the tenant may have access are changed. If the marshal finds animals, children, mentally ill, handicapped, elderly or others who are unable to fend for themselves, they must notify an appropriate social welfare agency or animal rescue.
A tenant can stop the eviction process by approaching the court that issued the warrant of eviction. As the lawyer added, “Call the marshal’s office to find out if your eviction has been scheduled yet. Bring the notice and other papers you may have received from the landlord to court. You will need to fill out an affidavit explaining why you should not be evicted.”
The judge may sign the order to show cause and direct marshal to stop the eviction until the case is heard. In some cases, they may sign the order to show cause but not stop the eviction, or place some conditions for showing the cause. In case the judge refuses to sign the order to show cause, or signs it upon condition tenants do not agree with, they may go to the appellate court. Get more info here on warrant of eviction.
About the Firm
David L. Moss and Associates is a trusted law firm that deals in the full range of landlord-tenant disputes. Leveraging experience, they offer clients candid advice. Their practice areas include Article 78 Actions, Commercial non-payment and holdover proceedings, Yellowstone Actions, Residential holdover proceedings, Residential Nonpayment Proceedings, Article 81 Guardianship proceedings, Warrant of Eviction, Vacatur of Eviction Judgments, Appeals, Rent Overcharge Complaints, Harassment Complaints and Administrative Hearings. See here more information on David L. Moss and Associates, one of the leading real estate law firms NYC.
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