By: Daniel Gershburg, Esq.

My previous post “If you are a Landlord in Brooklyn…” received good feedback from numerous people, so I think I will make this a regular post focused on practical advice for both Landlords and Tenants in New York (also New Jersey).  Todays bit of practical advice is the following:  If you receive a  notice from the court, NO MATTER WHAT THE LANDLORD TELLS YOU APPEAR IN COURT.  My office is beginning to see more and more cases where a commercial tenant (and sometimes residential) will receive a Notice of Petition from the Court, giving a particular court date on which to appear, and nevertheless do not appear because their landlord specifically told them not to.  What the landlord usually says is that the Notice is a formality.  Starting a lawsuit to evict a tenant and receive money damages is anything but a formality.  It is a serious serious serious action which should be dealt with by appearing in court.  If a landlord tells you that  the Petition is simply a formality, ask the Landlord to immediately send you proof of discontinuance.  She/He wont.  They wont because they’ve gone to the trouble and the expense of hiring an attorney to attempt to evict you.  We have had several cases where we were able to help this exact type of client, however, it is incredibly arduous to do in many cases.  After the court enters a default judgment for your non-appearance, your options become much more limited.To re-iterate, if you receive (and are served with) court papers, the first thing you should do is to seek the advice of an attorney who you trust, and in the alternative to make sure you show up to Court on the date on the notice.  Again, the point is to protect yourself.  You’re landlords promises are all well and  good, but make sure you take care of your interests before you are put in a much more dire position.

Daniel Gershburg Esq., is a Bankruptcy & Real Estate attorney serving a diverse clients in Brooklyn, Queens, Manhattan, Staten Island, Long Island and Westchester.  Mr. Gershburg has given lectures and presentations to both attorneys and the community at large surrounding Bankruptcy and financial advocacy in the New York City area.  Currently he is working on his first book giving practical advice about repairing troubled credit and how to improve credit post Bankruptcy