Does my attorney matter as a landlord? ABSOLUTELY YES!

This week, I was able to settle a case using a creative settlement structure, otherwise the case was potentially subject to dismissal due to a filing error made by the Landlord.  Instead of losing the case, I was able to negotiate extensively and drafted a creative agreement that was acceptable for all parties.  This happens more often than one would think.   

Your landlord attorney matters very much and can be the difference in winning and losing. 

Additionally, I am receiving phone calls at least once a week from new clients who, unfortunately, started the case themselves or used an inexperienced attorney and now are panicking.  Most of the time, I have to give the bad news that the case is defective.  Sometimes I am able to settle the case by negotiating a creative settlement however most of the time we have no choice but to discontinue and start a new case. 

Due to extensive delays by the court, dismissal can cost a landlord 3-8 months which turns into thousands and potentially tens of thousands of dollars.

 Therefore a landlord should make sure they represented by an attorney who handles evictions regularly.  At my firm, we focus on landlord representation and eviction matters. If you're a landlord dealing with tenant issues, call me directly at (718) 938-9732 to discuss your options.

Your attorney matters and we are landlord attorneys.   

What Is an Eviction Attorney?

An eviction attorney, sometimes referred to as a landlord-tenant attorney, is a legal professional who specializes in representing landlords (or tenants) in eviction cases and other rental disputes. For landlords, this includes:

• Drafting and serving proper eviction notices

• Filing court petitions

• Representing you in housing court

• Negotiating settlements or stipulations

• Ensuring compliance with the Housing Stability and Tenant Protection Act (HSTPA) and other NYC-specific laws

Their job is to help you legally and effectively remove a tenant who has violated the lease or failed to pay rent, while minimizing risk and ensuring compliance with the law.

1. Avoiding Procedural Errors That Can Cost You Time and Money

The NYC Housing Court has detailed procedures for eviction, including:

• Serving proper notice (e.g., 14-day demand for rent, 10-day notice to cure, 30-day notice to terminate)

• Filing a proper petition

• Scheduling court appearances

• Providing evidence in court

• Complying with all new HSTPA requirements

Any mistake — even a small one — can result in your case being dismissed. That means starting over, paying more filing fees, and possibly going months without collecting rent.

An experienced landlord eviction attorney ensures every step is handled correctly, keeping your case on track and avoiding unnecessary delays.

2. Housing Court Is Not Landlord-Friendly

Landlords often assume the courts will side with them, especially when tenants haven’t paid rent for months. Unfortunately, that’s not always the case in NYC.

Housing court judges are bound by tenant protections, and tenants often receive free legal representation through city-funded programs. As a landlord, going into court without your own legal representation puts you at a severe disadvantage.

Having a dedicated landlord attorney in NYC levels the playing field. Your attorney knows how to respond to tenant defenses, present evidence effectively, and advocate for your rights in court.

3. Tenants Are Increasingly Represented by Attorneys

Due to NYC's Right to Counsel law, more tenants than ever have access to free legal aid. These tenant attorneys know how to exploit procedural errors, file motions to delay proceedings, and challenge the landlord’s claims.

Some of these attorneys are very good and fair however some are just looking to hurt landlords and get cases dismissed for any and all reasons. 

If you’re not represented by a knowledgeable eviction attorney, you risk being outmaneuvered — even in seemingly straightforward cases.

With an experienced landlord-tenant attorney on your side, you're better equipped to handle legal arguments, negotiate settlements, and keep the case moving forward.  You should always have your own landlord attorney when dealing with a tenant’s attorney.  

4. Navigating Rent-Stabilized and Rent-Controlled Units

If you own a rent-stabilized or rent-controlled property, evictions are even more complicated. Specific rules govern how and when you can remove a tenant — including grounds for eviction, notice periods, and more.

An eviction in these cases often requires:

• Proving chronic non-payment

• Demonstrating substantial lease violations

• Petitioning the Division of Housing and Community Renewal (DHCR)

A specialized landlord eviction lawyer understands these nuances and helps you build a case that stands up under scrutiny.

5. Drafting and Serving Notices Correctly

One of the most important — and frequently botched — parts of the eviction process is drafting and serving notices. NYC requires strict compliance when it comes to:

• Timeframes (14-day, 30-day, 60-day, etc.)

• Method of service and timing of service with filing of affidavits

• Contents of the notice

Incorrect service or poorly drafted notices can nullify your case.

A landlord attorney will draft the notices, arrange for proper service, and provide the proof you need to satisfy court requirements.

6. Negotiating Settlements and Avoiding Trials

Not every eviction needs to go to trial. In fact, many cases are resolved through stipulations or negotiated agreements.

An experienced NYC landlord attorney can:

• Negotiate payment plans

• Obtain move-out dates

• Secure favorable stipulations

• Ensure the tenant complies with the terms

Settlements often save time, money, and stress. But without legal representation, you risk agreeing to terms that aren’t enforceable or that don’t fully protect your interests.

7. Peace of Mind and Professionalism

Perhaps the most overlooked benefit of hiring a landlord attorney is peace of mind. Knowing that a qualified professional is managing your eviction allows you to focus on your property and business, rather than worrying about court dates and legal paperwork.

An experienced eviction attorney in NYC will:

• Keep you informed every step of the way

• Handle court filings and appearances

• Communicate with opposing counsel

• Represent your best interests with professionalism

In a city where tenant protections are strong and the legal process is unforgiving, having a trusted legal advocate is invaluable.

Conclusion

If you’re a landlord in New York City and require an eviction you should protect yourself by having an experienced landlord’s attorney, trying to navigate an eviction on your own can be a legal and financial disaster. Between complex housing laws, procedural pitfalls, and an increasingly tenant-friendly court system, the risks of self-representation are simply too high.  Whether you are in need of a Brooklyn eviction attorney, New York eviction attorney, Queens eviction attorney, Bronx eviction attorney or Staten island eviction attorney, we are here to help.  

Hiring an experienced eviction attorney or landlord attorney ensures your case is handled properly, efficiently, and in compliance with NYC law. Whether you’re dealing with a non-payment issue, a lease violation, or a difficult holdover tenant, legal counsel gives you the best chance at a successful outcome.

Call now to discuss your options with an experience eviction attorney 718-938-9732.