Market conditions play a significant role in setting the framework of a residential or commercial lease negotiation. However, regardless of whether it is the landlord or the tenant who is favored by the economy, there are things either of the parties can do to increase their attractiveness to the other side. There are also things that both the landlord and tenant can do in conjunction to increase the value of the transaction for all involved.
When negotiating a lease, it is important to have a clear understanding of all factors involved. An understanding of how the law mandates various situations be resolved will also help a landlord or tenant maintain their strength and posture throughout the lease term. Our attorneys are experienced in complex and routine residential and commercial lease drafting and negotiation, and will take the time to review and explain the details of your lease in any way you need.
When lease provisions are violated, a tenant or even a landlord may find themselves being sued in a Landlord – Tenant court proceeding. These proceedings are maintained on a fast track, where a landlord can obtain a judgment of eviction in a just a few weeks unless the tenant acts quickly to file an Answer to the lawsuit and timely raise important defenses.
Landlord – Tenant proceedings are usually initiated with the Landlord serving a predicate notice upon the Tenant, informing the Tenant that certain actions must occur within a certain period of time (eg. Pay rental arrears within 3 days; Cease nuisance behavior within 7 days; or Vacate the premises within 10 days, etc.). If the Tenant fails to comply with the predicate notice, they could be sued for eviction.
Whether you are new to Landlord – Tenant litigation or an experienced participant in the court system, we recommend contacting us as soon as possible if you receive a predicate notice, so that you do not miss important deadlines or significantly reduce your rights and options.
Our attorneys are experienced both at service of rent demands, cure and termination notices on behalf of Landlords, as well as drafting complex and routine Answers and Counterclaims on behalf of Tenants, involving issues inclusive of Landlord Harassment, Rent Regulation Violations, and Housing Discrimination. We are also experienced and equipped for emergency filing of an Order to Show Cause to Stay Eviction after a Marshal’s Notice has been served, or applications to the Appellate court if appropriate following an unfavorable court decision.
Many Landlord – Tenant court lawsuits are resolved with a settlement agreement providing for both the Landlord and the Tenant to come into compliance with legal and contractual requirements. Our attorneys will take the time to understand your unique circumstances and best insure any settlement accommodates your needs.