Carl J. Muraco Attorney At Law

03/31/2026

Do not wait to start your case. If you have a bad tenant or your property is exempt from Good Cause Eviction and you need to begin a holdover eviction, it is important to act sooner rather than later. Speaking with an experienced landlord attorney or eviction attorney early in the process can make a significant difference in how quickly your case moves forward.

Many landlords are not aware that 30 day, 60 day, or 90 day notices are often required to expire at the end of a calendar month. In addition, proper service of these notices typically takes at least two days. If you wait until the end of the month to begin the process, you may miss the service window entirely. This delay can force you to extend the notice period by another full month.

This is a common and costly mistake. Just between yesterday afternoon and today, there were four separate cases where notice could not be served in time. As a result, those landlords now have to extend their notices by an additional 30 days, causing the expiration date to be July 31, 2026 instead of June 30, 2026. That means another month of lost time and potential rental income.

Working with a landlord attorney or eviction attorney helps ensure that your notices are prepared and served correctly and on time. Proper guidance can help you avoid unnecessary delays and keep your case on track from the start.

As always, if you are a landlord and need to begin an eviction proceeding, it is best to consult with a landlord attorney right away. If you need assistance, feel free to call 718-938-9732 to get started today.

03/14/2026

For NYC landlords, the commercial lease is the single most important document protecting your investment. When a new prospective tenant enters your space, the lease will govern the entire relationship—often for 5, 10, or even 20 years.

This document controls critical terms including permitted use of the premises, rent structure, escalation clauses, maintenance responsibilities, default provisions, and the landlord’s rights and remedies if the tenant violates the agreement. In other words, it sets the rules of the road for the entire tenancy.

A poorly drafted lease can expose landlords to unnecessary risk, disputes, and financial loss. On the other hand, a carefully structured lease can safeguard your property, clearly define obligations, and provide strong legal protections if issues arise during the tenancy.

Because commercial leasing in New York City is complex, it’s essential that landlords approach lease drafting strategically and with the right legal guidance. The goal is simple: protect your asset, minimize risk, and ensure you maintain control over your property throughout the life of the lease.

My office regularly represents landlords in negotiating and drafting commercial leases across NYC. If you’re preparing to lease your space or want to review an existing agreement, we’re ready to help.

Contact me today to discuss your options and how best to proceed. Call now to discuss your options: 718-938-9732

03/11/2026

We are landlord attorneys. Whether you need to commence a residential eviction or a commercial eviction, we handle evictions everyday.
In NYC, commercial leases are primarily governed by the terms negotiated between the landlord and the tenant. This means the lease agreement itself becomes the main document controlling the relationship. When a tenant fails to meet those obligations, such as not paying rent or violating important lease provisions, the landlord may need to begin a legal eviction proceeding to regain possession of the space.

Commercial eviction cases in New York typically fall into two main categories: nonpayment proceedings and holdover proceedings. A nonpayment case occurs when a tenant fails to pay rent or other required charges under the lease. A holdover proceeding happens when a tenant stays in the space after the lease expires or when the tenant violates a major lease term and refuses to correct the problem.

From a landlord’s perspective, these cases are often about limiting financial losses and returning the property to productive use. When a tenant stops paying rent but continues to occupy the premises, the landlord may still be responsible for property taxes, mortgage payments, insurance, and maintenance costs. During that time, the landlord may also lose the opportunity to lease the space to a paying tenant.

The legal process itself can take time and requires strict compliance with notice requirements, court filings, and hearings. Even after a landlord obtains a judgment of possession, enforcement must typically be carried out by a city marshal.
If your commercial tenant is behind on rent or breaching a term in the lease call my office to discuss your options. 718-938-9732

02/22/2026

If your tenant is refusing access to the apartment, it can quickly become frustrating and stressful. However, as a landlord, it is critical to remain professional at all times and carefully document everything to protect yourself.

A landlord cannot enter a tenant’s premises without the tenant’s permission unless there is a true emergency. An emergency is limited to situations involving life, health, safety, or serious property damage—such as a fire, active flooding, or frozen/burst pipes. Outside of an actual, ongoing emergency, you must obtain the tenant’s consent before entering.

If a tenant refuses access, you should document every request for entry. Keep detailed records of the date, time, and method of communication. Save emails and text messages. Note phone calls. A tenant’s failure to provide reasonable access may serve as a defense to claims for rent abatement or harassment, but only if you have proper documentation to support your position.

When access is denied, send a formal access letter by certified mail with return receipt requested. You should also send the request by email and text message to create a clear paper trail. Verbal conversations alone are difficult to prove and should not be relied upon.

Continue requesting access in good faith. The certified letter should schedule the proposed access date at least 15 business days after mailing (Monday through Friday). The notice must clearly state the reason for entry and provide specific proposed dates and times.

If the tenant continues to refuse access, you may have legal options, including filing for an emergency court order for access, starting a failure-to-provide-access holdover proceeding, serving a 30/60/90-day notice for month-to-month tenants, or filing a motion in an existing housing court case.

Every situation is different. An experienced landlord-tenant attorney can help you determine the best strategy based on your specific circumstances. Feel free to reach out to discuss.

12/28/2025

Happy Holidays and best wishes for a Happy New Year.

As the year comes to a close and the pace naturally slows during the holiday season, it provides an opportunity to reflect. This past year, my office and I had the privilege of assisting more small landlords than ever before. Our work spanned a wide range of matters, including evictions, residential and commercial leases, purchase and sale transactions, surrender agreements, and Supreme Court proceedings and many others.

I focus my practice on helping small landlords navigate their real estate matters with practical, informed guidance. My main goal is always to achieve the best possible outcome given the circumstances, while ensuring clients have the information they need to make sound, well-informed decisions. I take pride in being accessible to my clients and explaining the practical side of every matter.

My strategy is always putting clients needs first and foremost. I am grateful that this approach has been felt and appreciated by my clients and shown through a record number of referrals this year.

Thank you to my team for their hard work and dedication, and thank you to my clients for placing their trust in me and my firm during their most stressful times.

Looking forward to 2026 and helping more and more small landlords.

12/24/2025

Non-Payment vs. Holdover Eviction Proceedings in New York City. The basics by a landlord attorney.

Landlords must choose the right eviction proceeding based on their goals.

Non-Payment Case
Focused solely on unpaid rent. Begins with a 14-day written rent demand setved pursuant to rpapl 745 (oral demands are insufficient under current law). If unpaid, proceed with Notice of Petition and Petition.
• Issue: Outstanding rent only.
• Tenant pays in full then tenant can stay in possession.
• Tenant fails to pay, landlord can evict.
***Recommendation: Start the process when tenant owes two months’ rent.

Holdover Case
Focuses on regaining possession even if rent is paid. Used for lease expiration, month-to-month termination, or lease breaches.
• Payment of rent does not prevent eviction.

Which to Choose?
Ask: “If the tenant paid all rent tomorrow, would I allow them to stay?”
• Yes → Non-payment proceeding.
• No → Holdover proceeding (if grounds exist).

Every case is unique. Contact me to discuss your situation and options.
Call now to speak with an actual landlord attorney.

12/19/2025

My law practice focuses on helping small landlords navigate the process from leasing through evictions. My goal is always to explain the process as clearly and thoroughly as possible and give realistic expectations. Always great to hear my goals were met when helping my clients. Very happy I was able to help Wesam during his difficult time with a bad tenant. NYC evictions in all 5 boroughs call now and get the process started now because otherwise you’ll have to start the process later.

11/15/2025

Evictions are not fun and no one does them just for kicks but unfortunately they are necessary when tenants/occupants refuse to pay and/or leave. My office and I do everything we can to expedite the process and make it as painless as possible. I try my best to communicate thoroughly and keep my clients informed at every step.
My focus is helping small landlords who need assistance in enforcing their rights against bad tenants. It is always nice to be appreciated for my hard work and dedication to my clients. I am very happy to hear such a glowing review of me and my office.

11/09/2025

As an eviction attorney I wanted to do a question and answer forum with real NYC landlords to make thingsa bit easier.

I asked over 100 NYC landlords for their top questions regarding evictions and I answered them.
Below is my article on my website with the answers to th etop questions.

Any additional questions feel free to call me directly at 718-938-9732z

We asked over 100 New York City landlords to share their top landlord-tenant and eviction questions. Below are the most common questions and answers provided by an experienced eviction attorney who works with NYC landlords every day.Most common questions was:Why Does NYC Treat Landlords So Badly —...

11/08/2025

Landlords: When Should You Involve a Landlord Attorney or Begin Eviction process?

Answer: The moment a tenant owes two months of unpaid rent (for nonpayment proceedings) and/or
as soon as the relationship turns contentious.

Too often, I receive calls from landlords 4–6 months after the issues arise; by then, too often the behavior is worse and/or more money is owed.

Act early to protect your rights.

Check out my short article on my website about acting asap and ny orher Pro Tips for landlords by an eviction attorney:

If you’re a landlord in New York City and your tenant hasn’t paid rent for two months, it’s time to act — don’t wait. Week after week I speak to Landlords who have waited 5-8 months before starting the non payment case because the tenant promised to pay next week, unfortunately it typicall...

11/04/2025

As an eviction attorney it is nice to be recognized for the dedication and hard work that goes into representing our clients.
Thank you to super lawyers for selecting me for the 4th straight year as a super lawyer. Thank you to my team at Azoulay Weiss LLP for all the support.