Eviction is one of the most serious legal disputes between a landlord and a tenant. Whether you’re trying to reclaim your property or protect your right to remain in your home, the stakes are high, and the law is complex.
At Kohan Law Group, we provide strategic, results-oriented legal representation to both landlords and tenants across Long Island, New York City, and surrounding counties. If you’re involved in an eviction case, we’re ready to advocate for you. Contact us today for a confidential consultation.
Legal Grounds for Eviction in New York
New York law sets clear standards for when a landlord may initiate eviction proceedings. Common reasons include:
- Non-payment of rent
- Expiration of the lease (holdover tenancy)
- Violations of the lease agreement
- Creating a nuisance or engaging in illegal activity
Importantly, landlords cannot remove tenants without a court order. Attempting to force a tenant out through intimidation, lockouts, or utility shut-offs is unlawful. Landlords must follow the proper legal process to remove a tenant, even in cases of non-payment or serious lease breaches.
The Eviction Process: Step by Step
Eviction in New York follows a detailed process that begins with a written notice. Depending on the circumstances, a landlord may serve a Notice to Cure, Notice to Quit, or Notice of Petition. If the tenant does not comply, the landlord may then initiate an eviction case in housing court.
From there, the process typically includes:
- Filing the petition with the appropriate court
- Serving the tenant with notice of the court date
- Attending a hearing, where both sides can present arguments
- Obtaining a judgment and warrant of eviction (if successful)
- Executing the warrant, typically handled by a marshal or sheriff
Both landlords and tenants benefit from legal representation at every stage. Even minor procedural errors can delay or derail a case.
Defending Against Unlawful Eviction
Tenants facing eviction still have legal rights. Several defenses may be raised in court, such as:
- Improper notice or failure to serve documents correctly
- Retaliatory eviction (e.g., eviction after reporting code violations)
- Unsafe or uninhabitable living conditions caused by the landlord
- Discrimination or harassment
Additionally, illegal evictions, such as lockouts or utility shutoffs without a court order, are strictly prohibited under New York law. If you’re a tenant who has been wrongfully removed or threatened with unlawful eviction, our attorneys can take swift legal action to protect you and seek damages when appropriate.
Landlord Representation: Strategic and Lawful Removal
At Kohan Law Group, we represent landlords throughout Long Island and the five boroughs who need to remove tenants through lawful channels. We help landlords:
- Draft and serve valid notices
- File court documents that comply with housing court requirements
- Navigate rent-regulated housing issues
- Pursue possession and unpaid rent through litigation
We understand how to resolve these cases efficiently while staying in full compliance with New York’s evolving housing laws.
Why Work with Kohan Law Group
Our firm brings practical insight and courtroom experience to every eviction matter. Because we represent both landlords and tenants, we understand the tactics and concerns on each side of the dispute. Whether you’re trying to enforce your rights as a property owner or facing removal from your home, we work to resolve the issue with precision and urgency.
With offices in Manhasset, we serve clients across Long Island, New York City, and the surrounding counties. Contact us today to schedule a consultation and take the next step toward resolution.