How Can You Defend Against Non-Payment Evictions in NYC?

Landlords can evict a tenant for non-payment of rent, but sometimes the situation is not so simple. There are valid reasons for tenants to withhold rent and there are regulations for landlords to follow. If your landlord has not played by the rules or you have a good excuse for not paying your rent, you may be able to defend yourself and stop and eviction. A nonpayment defense lawyer in NYC can help evaluate your case and tell you more about what kinds of options might be available to you.

What Are Defensible Reasons For Non-Payment?

There are multiple ways to fight back against a non-payment eviction. You can argue that:

You paid: It seems obvious, but if you have paid your rent your landlord cannot try to evict you for non-payment. Even if you were late with your rent, your landlord should not be proceeding with an eviction if you paid in full. They have no grounds for doing so.

The warranty of habitability has been violated: Your rented property should meet your basic needs and be a safe space to inhabit. If your landlord does not properly maintain the apartment or make repairs when needed, that can be a good reason to withhold rent and you cannot be evicted for non-payment. Some common violations of the warranty of habitability include pet problems, mold, or the lack of basic utilities, like heat and water.

Lack of notice: If you are late with your rent, your landlord must inform you of that and give you a chance to rectify the situation. If they do not and they proceed with a non-payment eviction anyway, the landlord’s inability to follow such rules could serve as the basis of your defense.

Harassment: If your landlord has threatened you or harassed you, this can serve as a defense against eviction. This is especially true if the landlord has taken steps to perform a “self-help eviction” by changing your locks or cutting off your utilities.

Discrimination: You may be able to challenge an eviction if you believe that your landlord is engaging in discriminatory practices.

Do I Need an Attorney?

It can be difficult to defend yourself and navigate the complexities of housing court on your own. Your landlord is likely to have a lawyer of their own. It’s for this reason that we suggest hiring an attorney who has experience with these matters. A seasoned attorney from our firm can help you fight a non-payment eviction and show how your landlord was in the wrong.

Schedule a Case Consultation

If you are ready to learn more about your legal options, contact Robert Rosenblatt & Associates. We can offer you a free case consultation and more insight about what you can do to stay in your home. Schedule your meeting with our legal team today.