• Phone : (518) 266-1000
  • Fax : (518) 274-6034
  • Free Consultation
Pattison, Sampson, Ginsberg & Griffin Pattison, Sampson, Ginsberg & Griffin
  • Practice Areas
    • Title IX
    • Business and Corporate Law
    • Estate Planning and Elder Law Practice
    • Education Law
    • Civil and Commercial Litigation
    • Municipal Defense
    • Commercial Real Estate
    • Special Education
    • Labor & Employment Law
    • Human Resource Investigations
    • Zoning, Planning & Land Use
    • All Practice Areas
  • Attorneys
    • Michael E. Ginsberg
    • Thomas E. Lavery
    • Rhiannon I. Gifford
    • Lindsay K. Carr
    • F. Redmond Griffin
  • Cases
  • History
  • News
    • Firm News
    • Related News
  • Community Partnerships
  • Contact
Pattison, Sampson, Ginsberg & Griffin

The firm of Pattison, Sampson, Ginsberg & Griffin, PLLC, traces its roots to the early 1800’s. Located in Troy, New York, the firm’s practice is extensive throughout the Capital Region and elsewhere in New York State.

Contact Info

Phone: (518) 266-1000

Fax: (518) 274-6034

admin@psgglaw.com

22 First Street

Troy NY 12180

Follow Us

Related News

  • Home
  • Related News

Top Mistakes Landlords Should Avoid During the Eviction Process
Published on Wednesday, January 15, 2025

The eviction process is very technical, and one mistake could undermine your chances of success. Navigating the eviction process can often feel overwhelming for landlords. We understand the intricacies involved in managing tenant relationships and the legalities surrounding evictions. We want to share some common pitfalls that landlords should avoid to ensure a smoother eviction process, as well as to protect their rights and investments.

Ignoring Proper Documentation

One of the most significant mistakes landlords make is neglecting proper documentation. We cannot stress enough how vital it is to keep meticulous records throughout the landlord-tenant relationship. Whether it’s lease agreements, payment records, or communications regarding any disputes, these documents serve as critical evidence should an eviction become necessary. In the eyes of the law, having a well-documented history can be the difference between a successful eviction for landlords and a protracted legal battle.

When we represent clients, we frequently encounter cases where landlords fail to document their communications with tenants adequately. For example, if a tenant consistently pays late, it's crucial to have a record of each instance. This not only establishes a pattern of behavior but also provides the necessary proof if you need to pursue eviction or financial recovery. Remember, being diligent in record-keeping is not just good practice; it's both your shield and sword in legal disputes.

Failing to Follow Legal Procedures

The eviction process is governed by a series of legal procedures that vary by state. We often see landlords who either aren’t aware of these laws or mistakenly think they can bypass them. This can lead to severe consequences, including fees, penalties and delays in the eviction process or even dismissal of the case altogether.

At Pattison, Sampson, Ginsberg & Griffin, we advise landlords to always check local regulations regarding notices and timelines. For instance, many states, such as New York, require a written notice before filing for eviction. Failure to provide this notice can result in the eviction being thrown out of court. It's essential to understand that the law prioritizes tenant rights, and any misstep on your part can lead to significant setbacks.

 

Neglecting to Communicate with Tenants

While it might seem counterintuitive, effective communication with your tenant can often help resolve issues before they escalate to eviction. We have seen landlords who adopt a confrontational approach, which can lead to animosity and, ultimately, a more complicated eviction process. Instead, we encourage our clients to engage in open and honest dialogue with their tenants.

If you find yourself in a situation where eviction is looming, consider reaching out to your tenant to discuss the issue. There may be circumstances affecting their ability to pay rent, and understanding these can help you navigate the situation more amicably. Sometimes, a simple conversation can lead to a payment plan or other arrangements that can prevent the need for eviction altogether.

Overlooking the Importance of Legal Representation

Many landlords attempt to navigate the eviction process without legal counsel, thinking they can handle it themselves. However, this can be a grave mistake. As seasoned attorneys, we know the complexities of eviction laws and how they can vary significantly from one jurisdiction to another. Having a knowledgeable advocate by your side can make the difference.

When we represent landlords, we ensure that all legal procedures are followed, deadlines are met, and documentation is in order. This not only increases the chances of a favorable outcome but also saves landlords time and stress. By opting for legal representation, you equip yourself with the expertise necessary to navigate the complexities of evictions for landlords, ensuring that you're not left vulnerable to legal missteps. Tenants are usually represented by counsel and so should the landlord.

Acting Hastily

In our practice, we have encountered landlords who rush into the eviction process out of frustration. While it's understandable to feel overwhelmed when a tenant is not paying rent, haste can lead to mistakes. Taking the time to assess the situation and gather all necessary documentation before proceeding is crucial.

Before moving forward with an eviction, we recommend conducting a thorough review of the facts. Ensure that you have exhausted all alternatives, such as payment plans or mediation. A well-considered approach not only strengthens your case in court but also sets a professional tone that can benefit your reputation as a landlord in the long run.

Neglecting Tenant Rights

Lastly, we want to emphasize the importance of being aware of tenant rights during the eviction process. Landlords who overlook these rights can find themselves facing legal challenges that could have been easily avoided. We often advise our clients to familiarize themselves with the Fair Housing Act and other relevant regulations.

Tenants have rights that must be respected throughout the eviction process, and violating these can lead to claims of illegal eviction or discrimination. By ensuring compliance with all laws and treating tenants with respect and dignity, you not only protect yourself legally but also foster a healthier rental environment.

At Pattison, Sampson, Ginsberg & Griffin, we are committed to providing quality legal services to our clients, including landlords facing eviction challenges. By avoiding these common mistakes and staying informed about your rights and responsibilities, you can navigate the eviction process more effectively. If you have any questions or need assistance regarding evictions for landlords, don’t hesitate to reach out to us. Your success is our priority, and we are here to support you every step of the way.


Related News

    Nursing Home Abuse and Neglect: A Call for Justice

    Child Molestation and Abuse Claims: Understanding Your Rights and Legal Options

    Michael Ginsberg Named to National Trial Lawyers Top 100 in New York for the Second Time

    Navigating Estate and Tax Planning with Trusts: What You Need to Know

    Legal Considerations for Parents of Children with Special Needs in School

    Avoiding Family Disputes: How a Clear Will Can Prevent Legal Battles

    Top Mistakes Landlords Should Avoid During the Eviction Process

    Title IX and Campus Safety: Promoting a Secure Learning Environment

    Steps to Take After Suffering a Personal Injury: Advice from Experienced Attorneys

    A Critical Step for Mental Health Support – the New York State Student Lifeline Act

    Safeguarding the Vulnerable: Legal Strategies to Combat Nursing Home Abuse

    Fighting for Your Family: How to Secure the Special Education Services Your Child is Entitled to

    When Protests Turn Disruptive: Protecting Your Right to Education at College

    Are there Protests on Your College Campus? Know Your Rights as a Student

    Colleges & Universities closed due to protests

    The Potential Consequences Of Title IX Violations For Educational Institutions

    Tips On Hiring The Best Title IX Defense Lawyer

    What to Look For When Hiring an Estate Planning Lawyer?

    What Can a Title IX Defense Lawyer Do For You?

    Years of scientific research stored on campus of RPI destroyed by local cleaning company

    U.S. Supreme Court lets sexual harassment suits proceed against schools

    University students claim Title IX process failed them

    Five Title IX Lawsuits to Watch

    Title IX: Four Stories and Trends to Watch

    Considering eviction? Know your rights.

    Thinking about becoming a landlord?

    Don’t leave it up to your loved ones or a judge to determine your last wishes

    Think you’re too young to need a will? Think again!

    Do you know the difference between a Will and a Trust?

    New York's Landlord & Tenants Rights

    Demand for heightened security on college campus following a string of sexual assaults results in a petition for change and a protest, then an apology from the petition's creator.

    Federal Court Rules Tax-Exempt Independent Schools Must Comply with Title IX

    Illegal Eviction Law

    The future of Title IX?

    In the 50 years since Title IX was enacted many changes have been made to the law, generating a wide array of comments and opinions.

    An interesting approach to Title IX

    When is a simple will not enough?

    Families of the complainants in a k-12 Title IX matter are outraged by the lenient sanction imposed for sexual harassment and sexual assault by teammates

    Misguided belief that only females can be victims of sexual misconduct or sexual violence needs to be corrected

    Lawmakers order independent investigation into how sexual harassment and retaliation complaints are handled

    A comprehensive look into the courts’ view of police use of deadly force

    Survey finds that traumatized police are prone to bad decisions and increased stress

    New hotline for individuals to report sexual harassment in their workplace established by the NYS Division of Human Rights

    Research shows Title IX has had a positive impact on gender equality!

    Federal appeals court rejects arguments that university violated Title IX regulations

    More Flexible Title IX Regs Pose New Dilemmas

    Recently issued Department of Justice policy requires officers and agents to stop other officers from using excessive force

    Delaware police officer charged in an excessive force case failed to turn on his body camera

    Schools have an obligation to act on sexual assault or misconduct accusations in a timely and reasonable manner

    Officials at some colleges are prohibiting students from sharing information about sexual misconduct

    Federal Government seeks to revise Title IX regulations

    Supreme Court Protects Police Officers from Miranda Based Liability Suits

    President Biden Seeks to Expand Title IX Protections

    When Title IX was signed into law 50 years ago, even the women who were behind it didn't recognize the long-term implications

    Proposed N.J. Title IX Bill to undermine rights of the accused on college and university campuses, argues the author.

    Title IX turns 50 this summer, but some colleges and universities are still falling short on efforts to comply with the law and women are still struggling for equality.

    Liberty University Partially Settles Title IX Lawsuit

    Understanding Capital Gains Taxes on Inherited Property

    Supreme Court Rules in Favor of Police Officers on “Qualified Immunity” Issue

    What Is the Cost Basis of Inherited Stock

    Not all legal activity is prohibited by the applicable eviction moratoriums!

    Excessive Force - Police Officers – Qualified Immunity

Pattison, Sampson, Ginsberg & Griffin, PLLC.

The Pattison Firm is committed to continuing its long-established tradition of providing quality legal services to our institutional, corporate and individual clients.

Site map

  • Home
  • Practice Areas
  • History
  • Firm News
  • Community Partnerships
  • Contact

Practice Areas

  • Title IX
  • Business and Corporate Law
  • Estate Planning and Elder Law Practice
  • Education Law
  • Civil and Commercial Litigation
  • Real Estate
  • Labor & Employment Law
  • Human Resource Investigations
  • Zoning, Planning & Land Use
  • All Practice Areas

Follow Us

@ 2025 Pattison, Sampson, Ginsberg & Griffin, PLLC. | Developed by BlueStorm Technologies

  • Disclaimer & Privacy Policy