Defenses

In New York City eviction cases there are typical defenses that can be raised by tenants who are subject to an eviction action.

  1. The allegations are untrue

  2. The allegations are not serious enough to warrant an eviction

  3. The notice of termination does not set forth the allegations in sufficient detail

  4. Improper service

  5. The landlord accepted rent after the date set forth in the notice of termination

  6. Retaliatory eviction

  7. The notice of termination was not signed by the landlord or an authorized agent

Of course, each of these defenses apply on a case-specific basis, and hence they are not appropriate for each and every New York City eviction action. Moreover, some cases may require additional defenses than those listed here. In short, the facts of each case matter significantly in deciding which defenses to assert.

There are certain holdover cases that are commonly brought in New York City:

  1. Family member succession rights

  2. Non-primary residence

  3. Evictions based on pets

  4. Illegal sublet

  5. Owner use holdovers

These types of eviction cases each are governed by different legal principles and may involve additional defenses to those listed above. When possession of an apartment is at risk, it is important to have legal representation that is skilled in advancing what are often technical legal defenses in these types of holdover actions.

If you are facing a holdover eviction case, please contact New York City tenant lawyer Eric Dinnocenzo at (212) 933-1675 for a free consultation.