The laws involving real estate in New York are complex. At The Law Offices of Daniel A. Singer PLLC, our New York real estate lawyers focus on representing clients in real estate and real estate-related litigation and in landlord-tenant litigation. We also negotiate and draft lease agreements on behalf of clients.
Unfortunately, real estate is an area which is prone to litigation. Matters in which we represent clients include, by mere example, disputes between buyers and sellers of real property; construction litigation; property damage claims; condominium and co-op disputes; partition actions; and disputes regarding the payment of brokerage commissions.
The litigation process can be costly both in terms of time and money and the outcome is never assured. As such, we generally encourage clients to attempt to settle matters before resorting to judicial intervention and we have a strong track record of settling matters out of court. If litigation does become necessary, however, you can be rest assured that our New York real estate lawyers will provide you with superior and cost effective representation from the commencement of the action until the completion thereof, advising you along the way as to the options for settlement.
We routinely represent both landlords and tenants in proceedings in New York City. Certain types of disputes involving tenants that continue to remain in possession of the subject premises are litigated as summary proceedings in the Civil Court of the City of New York. Examples of summary proceedings include holdover proceedings, which are commenced by a landlord based on an allegation that the tenancy has been terminated and that the tenant continues to “hold over” in the space despite such termination, and non-payment proceedings, which are commenced by a landlord based on the allegation that the tenant has not met his or her rent obligations. Another type of summary proceeding is an HP proceeding which is commenced by a tenant in order to obtain repairs in his or her apartment. Landlord-tenant summary proceedings are litigated in venue where the property is located. By example, if the property is located in New York County then the matter will be litigated in the Civil Court of the City of New York, County of New York. Residential landlord-tenant matters are litigated in the so-termed “Housing Court” of the Civil Court of the City of New York whereas commercial matters are litigated in a division of the court known as part 52.
Not all matters in which the tenant continues to remain in possession of the space are litigated as summary proceedings. For example, so-called “Yellowstone Injunctions” are brought in Supreme Court by tenants (typically commercial tenants) while they still occupy the space in order to toll the running of a time period to cure an alleged lease violation.
One key way to avoid disputes both as a landlord and a as a tenant is to ensure that you have a proper lease agreement from the outset. This is particularly the case with respect to commercial leases as they typically call for payments beyond the mere payment of base monthly rent; contain restrictions on the type of business which can be conducted in the space; involve construction by one or both of the parties; and typically run for a longer period than do residential leases, thus requiring a longer commitment by both the landlord and tenant.
Please contact us should you wish to discuss your real estate matter with an experienced New York real estate lawyer.