Do I need an attorney?
In New York unless you are an entity you do not "need" an attorney to start an eviction however that does not mean you should try to start an eviction without one.
In New York, legally speaking, a mechanic is not needed to fix your car however if you try it yourself unless you have been fixing cars for years chances are you will make a mistake and the car will not be able to run. Unfortunately, this is the same concept for evictions.
Evictions and Landlord tenant litigation in New York City has become extremely technical and procedural. If the rules and procedures are not followed exactly the case has a big probability of being dismissed.
A few of the reasons the court is dismissing cases are as follows:
-failure to include required documents such as good cause eviction notices and other court required documents;
-failure to serve the proper parties including occupants at the premises and any government programs such as section 8;
-failure to serve properly;
-failure to use the proper notice 30/60/90 day notice for holdovers and/or 14 day rent demands for non-payments;
-failure to include the amount of rent owed;
-failure to have a lease at the time of the commencement of the non-payment case; and
-failure to upload the affidavit of service with the court timely and more.
The requirements have become so strict that even attorneys who do not practice in this area of law daily are making errors and having cases dismissed.
I have been receiving more and more calls from small landlords telling me their case is dismissed because they tried on their own or they used a "family friend" as an attorney who does not handle this daily. Unfortunately I often must give the bad news that we have to start from scratch. This is why, I strongly advise that you hire an experienced attorney who does landlord tenant evictions as their main practice area otherwise you have a large risk of the case being dismissed for any of 100 reasons.
My firm handles evictions every day. Landlord tenant law is the main practice area of my firm. We are in all 5 boroughs daily and I am here to assist. Feel free to call me directly at 718-938-9732 to speak with an actual attorney.