Real Estate Litigation Attorney in Nassau County, NY

A lease dispute, a stalled eviction, or a habitability complaint can tie up a property and its income for months if it is not handled correctly from the start. Diskin Litigation PLLC represents landlords, tenants, and commercial property owners in real estate litigation matters throughout Nassau County and New York State, including residential and commercial lease disputes, evictions, nonpayment proceedings, and habitability claims.

The firm represents both owners and tenants, which means Neil Diskin understands how these disputes are argued from either side of the courtroom. Clients work directly with the attorney handling their case, which matters in real estate disputes where a fast, correctly filed response, whether that is a notice to cure, an answer to a nonpayment petition, or a habitability defense, can determine whether the matter resolves quickly or drags through months of court appearances.

Property owners and tenants searching for a real estate litigation attorney in Nassau County are usually facing a dispute with a deadline already attached, whether that is a court date, a notice period, or a closing that has stalled because of a title issue. Diskin Litigation gives an honest assessment of the legal position and the timeline before any filing is made, so clients understand what the process actually involves rather than assuming every dispute ends in a lengthy court battle.

How Do Eviction and Nonpayment Proceedings Work in New York?

New York eviction law requires landlords to follow specific notice and filing procedures before a tenant can be removed from a property, and a mistake at any step, from an improperly served notice to a defective petition, can delay a case by months or result in outright dismissal. Nonpayment proceedings, which seek unpaid rent and possession of the unit, and holdover proceedings, which seek possession after a lease has ended or been terminated for cause, follow different procedural rules and require different documentation to succeed in Nassau County Landlord Tenant Court.

Tenants facing eviction have defenses available beyond simply disputing the amount owed, including habitability claims under the warranty of habitability, retaliation claims if the eviction follows a complaint to a housing agency, and procedural defenses based on defective notice or service. Landlords who skip steps to move faster, such as changing locks without a court order or shutting off utilities to pressure a tenant to leave, expose themselves to significant liability under New York’s strict prohibitions on self-help eviction, regardless of how much rent is actually owed.

Commercial Lease Disputes

Commercial lease disputes tend to involve larger sums and more complex lease terms than residential matters, including disputes over common area maintenance charges, percentage rent calculations, assignment and subletting rights, and the allocation of responsibility for repairs and property damage. A commercial tenant facing a default notice needs to move quickly to understand whether the default is curable and what the lease actually requires, since many commercial leases include cure periods and notice requirements that landlords sometimes skip in an effort to terminate a tenancy faster.

Disputes also arise over lease renewal options, build-out and improvement obligations, and personal guarantees signed by business owners when a lease was originally negotiated. These guarantees can expose an individual owner to liability well beyond what the underlying business can pay, which makes an early and careful review of the guarantee language essential before assuming personal assets are protected simply because the lease was signed in the company’s name.

Real Estate Disputes We Handle

Diskin Litigation handles residential and commercial evictions, nonpayment and holdover proceedings, and habitability claims brought by tenants over conditions such as pest infestations, lack of heat, or structural issues that a landlord has failed to address. The firm also represents clients in disputes over security deposit returns, lease termination and early exit disputes, and claims involving property damage caused by a tenant or a neighboring unit.

On the ownership side, the firm handles boundary and easement disputes, disputes between co-owners or partners in a jointly held property, and contract disputes arising from real estate purchase and sale agreements that fall apart before closing. Construction related property damage claims, disputes over broker commissions, and title disputes affecting a sale or refinance round out the practice, since real estate litigation frequently intersects with financing and transactional deadlines that add pressure to an already contentious dispute and often require moving faster than a typical lawsuit would allow.

How Diskin Litigation Approaches Real Estate Cases

Because real estate disputes often move on a fixed court calendar, particularly in Landlord Tenant Court, the firm prepares filings and responses quickly while still building the record needed if a case proceeds past an initial appearance. Every matter is evaluated for both the legal position and the practical reality of the property, since a landlord losing rental income every month a unit sits vacant during litigation has different priorities than a tenant trying to avoid displacement.

Neil Diskin discusses these practical trade-offs directly with clients, including whether a negotiated move-out with a payment arrangement serves the client better than a prolonged court fight, or whether the strength of a habitability defense justifies pushing a case toward trial. That honest assessment, delivered early, tends to produce better outcomes than treating every real estate dispute as an all-or-nothing fight.

What to Expect When You Work With Us

An initial consultation focuses on the property, the lease or agreement governing it, and the specific dispute at hand, since an eviction case, a habitability claim, and a boundary dispute each require a different set of documents and a different court process. From there, the firm reviews the lease, notices, and any correspondence already exchanged between the parties, and outlines the likely timeline and outcome before any petition or answer is filed.

As the case moves forward, whether through Landlord Tenant Court, Supreme Court, or a negotiated settlement, clients hear directly from Neil Diskin at each hearing and any point where a decision needs to be made quickly. If the matter proceeds to trial, the same attorney who filed the initial papers argues the case, which avoids delays and miscommunication that can occur when a case changes hands partway through.

Frequently Asked Questions

Timelines vary significantly depending on whether the case is contested and what defenses the tenant raises, but a straightforward, uncontested nonpayment proceeding can sometimes conclude within a few months, while a contested case involving habitability defenses or procedural challenges can take considerably longer. Landlords who serve notices incorrectly or skip required steps often add months to their own timeline, which is why getting the initial filing right matters as much as anything that happens afterward.

A habitability claim argues that a landlord has failed to maintain conditions that are safe and livable, such as functioning heat, working plumbing, or freedom from significant pest infestations, and New York law implies this warranty into every residential lease regardless of what the written lease says. A valid habitability claim can reduce the rent owed, delay an eviction, or in some cases result in a rent abatement, but the claim needs to be documented with specifics, including dates, photos, and any complaints previously made to the landlord or a housing agency.

New York law generally prohibits self-help evictions (though there are situations in which it may be possible), meaning a landlord cannot change locks, remove belongings, or shut off utilities to pressure a tenant to leave, regardless of how much rent is owed or how clear the lease violation appears. A landlord who does this can face significant liability, including damages and attorney’s fees, and the tenant is often entitled to be restored to the unit immediately through emergency court proceedings.

Review the lease immediately to confirm the cure period and what steps are required to fix the alleged default, since many commercial leases give tenants a specific window, often 10 to 30 days, to correct the issue before the landlord can pursue termination or eviction. Respond in writing within that window even if the tenant disputes the default entirely, since silence can be used later to argue the tenant abandoned any defense, and having an attorney review the notice before responding can identify whether the landlord itself failed to follow the lease’s own notice requirements.

New York law requires landlords to return a security deposit, minus any lawful deductions for damage beyond normal wear and tear, within a set period after a tenant vacates, and landlords who withhold a deposit without an itemized explanation can be liable for the full deposit amount plus penalties in some cases. Tenants pursuing a security deposit dispute should document the condition of the unit at move-out, ideally with photos, and keep any correspondence with the landlord about the deposit, since these details often determine whether a small claims filing succeeds.

Schedule a Consultation

Whether you are a landlord pursuing an eviction, a tenant facing one, or a property owner in a real estate dispute, Neil Diskin can review the details and discuss how the matter can be handled. Call 516-652-3118 or send a message through the firm’s contact form to schedule a consultation.