Eviction Defense Lawyer New York County | SRIS, P.C.
Eviction Defense Lawyer in New York County (Manhattan), NY
Facing an eviction in New York County (Manhattan) requires immediate action to protect your tenancy. An eviction defense lawyer New York County can challenge the landlord’s case, assert your rights under New York’s Housing Stability and Tenant Protection Act (HSTPA), and seek to prevent a judgment and warrant. Law Offices Of SRIS, P.C.
New York Eviction Law and Defenses
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Eviction proceedings in New York, known as holdover or nonpayment proceedings, are governed by the New York Real Property Actions and Proceedings Law (RPAPL) and the Housing Stability and Tenant Protection Act of 2019. The law requires landlords to follow strict procedural steps, including providing proper notice and filing in the correct court. A successful eviction defense often hinges on identifying procedural errors by the landlord, such as defective rent demands or improper service of notices. Our firm, founded in 1997 by former prosecutor Mr. Sris, uses detailed knowledge of these statutes to build tenant defenses.
Official Legal Resources
For the official text of New York’s eviction laws, refer to the Real Property Actions and Proceedings Law (RPAPL) on the New York State Senate website. For court forms and procedures, visit the New York City Housing Court website.
Manhattan Eviction Defense Strategy
The key local procedural fact in Manhattan is that the Housing Court is often overwhelmed, and cases can be delayed, which can work to a tenant’s advantage if used strategically. An eviction defense attorney New York County from our team will review every notice and filing for compliance with the HSTPA’s heightened requirements. We look for failures in the landlord’s proof of service, improper rent calculation, or violations of warranty of habitability that can be used as a defense or counterclaim.
- Receive and preserve all notices and court papers from your landlord.
- Consult immediately with an eviction defense lawyer to assess deadlines and defenses.
- File a formal Answer with the court, asserting all applicable defenses and counterclaims.
- Engage in settlement negotiations or prepare for a hearing, using discovery to review the landlord’s records.
- Appear at all court dates; a default judgment will be entered if you fail to appear.
- Explore post-judgment options if necessary, including stays and appeals.
Potential Outcomes in an Eviction Case
In New York County, an eviction case can result in dismissal of the petition, a settlement agreement (stipulation), or a judgment for the landlord skilled to a warrant of eviction.
| Stage | Possible Result | Impact on Tenant |
|---|---|---|
| Pre-Court | Case Dismissed (Procedural Error) | Tenancy continues; landlord must restart process. |
| Settlement | Stipulation Agreement | May include payment plan, lease terms, or move-out date. |
| Trial Loss | Judgment for Landlord | Warrant of eviction issued; marshal can remove tenant. |
| Post-Judgment | Stay of Eviction | Additional time granted by court for relocation. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Eviction Defense
Law Offices Of SRIS, P.C. was founded in 1997. With over 120 years of combined attorney experience, our approach to eviction defense is thorough and case-specific. We understand that an eviction threat impacts your housing stability, credit, and family. Our eviction defense law firm New York County leverages Mr. Sris’s background in accounting and systems to meticulously analyze lease terms, rent ledgers, and landlord filings for discrepancies that can form the basis of a strong defense.
Case Results and Tenant Advocacy
While specific case results in New York County are not disclosed, our firm-wide approach has secured favorable outcomes for tenants facing eviction. These include case dismissals based on defective notices, favorable settlement agreements that preserved tenancy, and reductions in claimed monetary judgments. Results may vary. Prior results do not aim for a similar outcome.
Eviction Defense Lawyer Near New York County
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Highway, and all subway lines. We represent tenants across Manhattan’s neighborhoods, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
Meetings by appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Eviction Defense Lawyer FAQ: New York County
How long does an eviction process take in New York County?
It depends. From service of notice to a marshal executing a warrant can take 2-6 months or longer. The timeline varies based on court backlog, the type of proceeding, and whether the tenant mounts a defense. Retaining an eviction defense lawyer New York County can identify strategies that may delay or prevent eviction.
Can I be evicted if I pay partial rent?
Yes. In a nonpayment proceeding, paying only part of the owed rent typically does not stop the case. However, full payment before the court date will result in dismissal. An attorney can often negotiate a settlement agreement for a payment plan that allows you to stay.
What is a “warrant of habitability” defense?
It is a defense and potential counterclaim if your apartment has serious conditions that make it unsafe or unlivable (e.g., no heat, major leaks, pests). You must prove the landlord was notified and failed to make repairs. This can reduce or eliminate rent owed and defeat an eviction for nonpayment.
Should I ignore a “Notice of Petition” and “Petition” from the court?
No. Ignoring these papers leads to a default judgment against you, resulting in an eviction warrant without a hearing. You typically have a short window (often 10 days) to file an Answer. Contact an eviction defense attorney New York County immediately upon receiving any court papers.
What is the difference between holdover and nonpayment cases?
A nonpayment case is for unpaid rent. A holdover case is for other lease violations or after a lease ends. Defenses and procedures differ significantly. An eviction defense law firm New York County can determine the correct proceeding and applicable defenses for your situation.
Connect With Related Legal Help
If you are dealing with other civil matters, our firm also handles business law in New York County and contract disputes in New York County. For broader New York civil litigation resources, visit our New York civil litigation hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.Y. Bus. Corp. Law § 101, state law governs this practice area.