Eviction Defense Lawyer Kings County | SRIS, P.C.
Eviction Defense Lawyer in Kings County (Brooklyn), NY — What Are Your Rights?
An eviction in Kings County (Brooklyn) is a formal lawsuit governed by New York’s Real Property Actions and Proceedings Law (RPAPL). A successful defense requires immediate action to file an Answer and assert legal protections. As an experienced eviction defense law firm in Kings County, Law Offices Of SRIS, P.C.
New York Eviction Defense Law and Procedure
In New York, evictions are legal proceedings, not mere landlord notices. The process is codified in the Real Property Actions and Proceedings Law (RPAPL). A landlord must serve proper notice (e.g., 14-day notice for nonpayment, 30-day notice for lease violations) and then file a Petition and Notice of Petition in the appropriate court. In Kings County, this is typically the Housing Part of the Civil Court or, for certain high-value properties, the Supreme Court. Tenants have a short window—often just a few days after service—to file an Answer. Failing to respond can result in a default judgment for the landlord.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of courtroom procedure and tenant rights. We approach each case with the precision it demands, recognizing that an eviction defense lawyer in Kings County must be both an advocate and a strategist.
Official Legal Resources for New York Tenants
- New York Real Property Actions and Proceedings Law (RPAPL) – The official state statute governing eviction proceedings.
- Kings County Supreme Court – Official website for court locations, forms, and rules.
The Kings County Eviction Defense Process: An Insider’s View
Kings County Housing Court operates with specific local rules and a high volume of cases. An experienced eviction defense attorney in Kings County knows that judges scrutinize the landlord’s compliance with strict notice and service requirements. Common defenses include improper notice, warranty of habitability violations (repair issues), landlord retaliation, or selective enforcement. The procedural steps are critical.
- Immediate Case Review: Upon retaining counsel, we review all notices, leases, and communication to identify procedural defects or substantive defenses.
- File a Timely Answer: We prepare and file the Answer with the court before the deadline, asserting all applicable defenses and potential counterclaims.
- Discovery & Motion Practice: We may request documents from the landlord and file pre-trial motions to challenge defective petitions or seek evidence.
- Negotiation & Settlement Conference: Most cases are referred to a settlement conference. We negotiate for favorable terms, such as payment plans, lease corrections, or time to relocate.
- Trial Preparation & Hearing: If a settlement isn’t reached, we prepare for and represent you at trial, presenting evidence and cross-examining witnesses.
- Post-Trial Actions: We advise on and handle any appeals or post-judgment motions if necessary.
Potential Outcomes in an Eviction Case
In Kings County, an eviction defense can lead to outcomes ranging from dismissal of the case to a negotiated settlement that avoids a judgment on your record.
| Possible Outcome | Description | Impact on Tenant |
|---|---|---|
| Dismissal of Petition | Landlord fails to prove case or violates procedure. | Case ends; tenant remains in possession. |
| Stipulation of Settlement | Agreed-upon terms (e.g., payment plan, move-out date). | Often avoids a public court judgment. |
| Judgment of Possession for Landlord | Landlord wins at trial or by default. | Warrant of eviction issued; sheriff can remove tenant. |
| Money Judgment | Court orders tenant to pay back rent, fees, or damages. | Can lead to wage garnishment or asset seizure. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Eviction Defense Law Firm in Kings County
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience and a history of thousands of cases, our firm is built on a foundation of rigorous defense. Our lead attorney for New York matters, Mr. Sris, brings a former prosecutor’s insight into building a strong case, whether negotiating a settlement or arguing in court. We understand that an eviction threat is not just a legal issue but a significant disruption to your life.
Discuss Your Case with an Eviction Defense Lawyer Kings County
If you have been served with eviction papers in Brooklyn, time is the most critical factor. Contact our eviction defense law firm in Kings County to discuss your situation. We offer 24/7 phone consultations to provide immediate guidance.
Law Offices Of SRIS, P.C.
New York Location
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 348-1919
By appointment only.
Our New York location serves clients at Kings County (Brooklyn) courts, accessible via major routes like the BQE (I-278). We provide eviction defense lawyer services near Downtown Brooklyn, Williamsburg, Park Slope, DUMBO, and surrounding neighborhoods. 24/7 phone consultations are available at (888) 437-7747 — meetings are by appointment only.
Eviction Defense in Kings County: Frequently Asked Questions
How long does the eviction process take in Kings County?
It depends. After proper notice, a landlord must file a petition and get a court date. From filing to a sheriff’s eviction can take anywhere from a few weeks to several months, depending on court backlogs, defenses raised, and settlement negotiations. An experienced eviction defense lawyer in Kings County can use this timeline strategically.
Can I be evicted without going to court in New York?
No. In New York, a landlord cannot legally remove you or your belongings without a court order (a judgment of possession and a warrant of eviction). Any “self-help” eviction, like changing locks or shutting off utilities, is illegal.
What is the most common defense to an eviction for nonpayment of rent?
The most common defense is the “repair and deduct” or warranty of habitability claim. If the apartment has serious repair issues that the landlord failed to fix, the value of the rental is diminished. An eviction defense attorney in Kings County can argue this reduces the rent owed.
What happens if I ignore the eviction papers?
If you ignore the Petition and Notice of Petition, the landlord will likely get a default judgment against you. This means you automatically lose the case, and the court will issue a warrant of eviction without hearing your side. You must file an Answer to preserve your rights.
Can an eviction be removed from my record?
It depends. A public court record of an eviction proceeding may exist. If the case is dismissed or settled via a stipulation that doesn’t result in a judgment against you, it may not appear as a “loss” on tenant screening reports. An eviction defense law firm in Kings County can often negotiate for confidential settlements.
Related Legal Services in Kings County: If you are a landlord, see our Kings County business lawyer page. For other civil disputes, our New York civil litigation lawyer hub provides an overview. We also assist clients in nearby areas like Albany County.
Page last verified: 2026-04. Laws and procedures change. For current guidance on eviction defense in Kings County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Under N.Y. Bus. Corp. Law § 101, state law governs this practice area.