Rent arrears are the primary justification given by landlords for evicting tenants. In New York, a landlord may start the eviction process as soon as a tenant misses a rent payment deadline. The state of New York has different eviction laws based on whether the rental property is inside New York City and if it is subject to a state or local rent regulation. This article will give broad instructions on how to evict a tenant in the state of New York who doesn’t pay their rent. Tenants should read more about “tenant defense to eviction in New York” to know more about their rights.
When Rent Is Due In New York
In New York, the due date for rent payments is specified in the lease agreement between the landlord and tenant. If the lease does not specify a due date, rent is due on the first day of the month. In either case, the rent due date is considered a legal obligation, and failure to pay rent on time can result in late fees and other penalties, as well as the initiation of eviction proceedings.
It is important for tenants to understand their rights and obligations under New York law, as well as the terms of their lease agreement. If you are unsure about when your rent is due or have questions about other aspects of your tenancy, it is a good idea to consult a qualified attorney who can provide guidance and protect your rights.
If you are having difficulty paying your rent due to financial hardship, it may be possible to negotiate a payment plan with your landlord or to receive assistance through government programs. It is important to communicate with your landlord and take steps to resolve the issue as soon as possible to avoid potential legal consequences.
Demand For Rent In New York
A written notice stating that the rent has not been paid must be sent to the renter (by certified mail) if the landlord does not receive payment for the rent within five days of the due date. The tenant might utilize the lack of written notice as a defense in an eviction case for non-payment of rent if the landlord fails to deliver it. The landlord must issue a written demand to the tenant requiring them to vacate the rented unit within 14 days or pay the full amount of rent before the eviction process may start. The landlord may then file an eviction action with the court if the tenant does not vacate the rented property or pay rent within that time frame.
The notice period is calculated in calendar days. (N.Y. Gen. Constr. Law § 20.)
The demand for rent must be written, and it must include the following information:
- date the notice was served on the tenant(s)
- name(s) and address of tenant(s)
- the reason for the notice (that the tenant failed to pay rent for a specified period of time)
- total amount of rent past due and where and to whom the rent should be paid
- a statement that the tenant has 14 days to pay the rent or move out of the rental unit (the notice should specify the exact date by which this must happen), or the landlord will begin eviction proceedings, and
- a certificate of service specifying how the notice was given to the tenant.
Serving A Demand For Rent In New York
In New York, a demand for rent can be served either by personal delivery or by mailing a copy of the demand to the tenant’s last known address. A demand for rent is a written notice to the tenant that rent is overdue and must be paid within a specified time period, typically 14 days.
If the tenant fails to pay the rent within the time specified in the demand, the landlord may proceed with an eviction action in court. It is important for tenants to take a demand for rent seriously and to take steps to resolve any outstanding rent issues as soon as possible to avoid potential legal consequences.
It is also important for landlords to understand their rights and obligations under New York law, including the proper procedure for serving a demand for rent and the steps required to initiate an eviction action. If you are a landlord and have questions about serving a demand for rent or about any other aspect of the eviction process, it is a good idea to consult a qualified attorney who can provide guidance and protect your rights. (N.Y. Real Prop. Acts. Law §§ 711, 735.)
Tenant Responses To A Demand For Rent
In New York, if a tenant receives a demand for rent, they have several options in response to the demand. These options include:
- Pay the rent: If the tenant has the means to pay the rent, they should do so as soon as possible to avoid further legal consequences.
- Negotiate a payment plan: If the tenant is unable to pay the full amount of rent due, they may be able to negotiate a payment plan with the landlord to pay the rent in installments.
- Challenge the demand: If the tenant believes that the demand for rent is incorrect or that they have a valid defense to the demand, such as the landlord’s failure to make repairs to the premises, they may choose to challenge the demand in court.
- Seek assistance: If the tenant is experiencing financial hardship and is unable to pay the rent, they may be eligible for assistance through government programs or non-profit organizations.
It is important for tenants to take a demand for rent seriously and to take steps to resolve any outstanding rent issues as soon as possible to avoid potential legal consequences, such as eviction. If you are a tenant and have questions about your rights and obligations in response to a demand for rent, it is a good idea to consult a qualified attorney who can provide guidance and protect your rights.
Filing An Eviction Lawsuit With The Court
The district court or housing court of the county where the rental unit is located must receive a petition from the landlord before the eviction proceeding for unpaid rent may commence. The renter will be informed of the proceedings, and the court will set a date for a hearing in front of a judge. The court will hear from both the landlord and the tenant at the hearing before making a decision regarding the eviction. In the event that the landlord prevails, the court will issue a warrant of non-payment, giving the sheriff the right to evict the tenant and their belongings from the leased property. But if the tenant offers the landlord the outstanding rent at any point before the eviction case is heard in court, the landlord is required to accept the offer, and the eviction case will be dropped.
The New York court system has a Small Property Owner Nonpayment Petition Program, which will help small rental property owners who are not represented by legal counsel to draft the paperwork needed to evict a tenant. There is a separate program for landlords who live inside New York City.
Illegal Eviction In New York
Only after winning an eviction lawsuit in court can a landlord legitimately evict a tenant. It is against the law for a landlord to make any other effort to evict a tenant from a rental unit, such as changing the locks on the doors or cutting off the utilities. The tenant may file a lawsuit against the landlord for damages if the landlord undertakes what is known as a “self-help” eviction.
How Long Does It Take To Evict A Tenant In NY for Non-Payment?
The length of time it takes to evict a tenant in New York for non-payment of rent depends on a variety of factors, including the specific facts and circumstances of the case, the court schedule, and the readiness of both the landlord and tenant to proceed.
Generally, the eviction process in New York begins with the landlord serving a demand for rent on the tenant, giving the tenant an opportunity to pay the rent or vacate the premises. If the tenant does not pay the rent or vacate the premises within the time specified in the demand, the landlord may proceed with an eviction action in court.
Once the eviction action is filed with the court, the tenant has the opportunity to respond to the complaint and present any defenses they may have. If the tenant does not respond, the court may enter a default judgment in favor of the landlord.
If the tenant does respond, the case will be scheduled for a hearing, and the court will consider the evidence and arguments presented by both the landlord and the tenant. If the court determines that the landlord is entitled to possession of the premises, it will issue a warrant of eviction, and the tenant will have a specified period of time to vacate the premises, typically 72 hours.
What You Need To Know
The New York State Homes and Community Renewal website is just one of the many tools available in the entire state of New York for landlord-tenant interactions. In addition, the New York court system’s online self-help site contains a wealth of useful information. A brochure including details about landlord-tenant relationships and the housing court has also been released by the local housing courts in the Bronx, Brooklyn, Manhattan, Queens, and Staten Island.