Eviction is a legal process through which a landlord or property manager can remove a tenant from a rental property. In New York, the eviction process is governed by state laws and regulations, and it’s important for landlords and property managers to understand the rules and procedures involved. Understanding the eviction process can help landlords and property managers avoid potential legal issues and ensure that the eviction is handled fairly and efficiently. This article will provide an overview of the eviction process in New York, including the rules and regulations for landlords and property managers, the steps involved in the process, and the rights and responsibilities of tenants. Whether you’re a seasoned property manager or a landlord new to the business, this guide will provide you with a comprehensive understanding of the eviction process in New York.
Notice For Termination With Cause
A landlord must have caused in order to end a tenancy early or force a tenant to vacate the property before the agreed-upon rental period has ended. Rent arrears and other lease or rental agreement violations are just two of the many grounds for evicting a tenant early. The landlord must provide the tenant with written notice before beginning the eviction process. The reason for the eviction will influence the kind of notice that is required.
Fourteen-Day Notice to Pay Rent or Quit
The landlord may issue a 14-day notice to pay rent or vacate if the tenant fails to do so when required. This notice will inform the renter that they have fourteen days to vacate the rented unit or pay the entire amount of rent due. At the conclusion of the fourteen-day period, the landlord may file an eviction action with the court if the tenant does not pay the rent or vacate the rented property. (see N.Y. Real Prop. Acts § 711(2)).
Notice to Cure and Notice of Termination
If the tenant has broken the terms of the lease and the landlord wishes to evict them, they must receive two distinct sorts of notice. The first notice the landlord must deliver to a tenant who has broken the terms of the lease is the notice to cure. The tenant is informed that they have ten days to fix the lease violation after receiving this notification. The landlord is prohibited from taking additional action against the renter if they resolve the issue. But if the renter doesn’t fix the issue, the landlord has the right to offer them a notice of termination.
Notice of Termination
After giving the renter a notice to cure and the tenant doesn’t take the advice, the landlord may give the tenant a notice of termination. The tenant will then get a notice of termination informing them that their lease has been terminated because they failed to fix the violation and that they have 30 days to vacate the premises. The landlord may file eviction papers with the court to evict the tenant if they don’t leave the rented unit on time. (see the New York Courts self-help center for holdover notices and the book New York City Landlords and Owners, page 8, published by the New York City housing court, for more information).
Notice For Termination Without Cause
A tenancy cannot be ended by a landlord without justification. The landlord shall wait until the conclusion of the lease or rental period before requesting or expecting the tenant to depart if there is no justification for an eviction case. However, the landlord might still be required to give the tenant notice.
Month-to-Month Rental Agreement
If a landlord wants a tenant with a month-to-month lease or rental agreement to leave but does not have a good reason, the landlord must provide the renter the following notice: 30 days notice is required from tenants who have been there a year or have a lease that lasts at least that long. 60 days notice is required from both tenants and lessees with one- to two-year leases. 90 days notice is required for tenants who have been there for more than two years or who have long-term leases. (N.Y. Real Prop. §226-c).
The landlord must wait until the end of the term before anticipating the tenant to move out if the tenancy is for a fixed duration, such as six months or a year, and the landlord does not have a reason to stop it early. The landlord can anticipate the tenant moving out of the rental unit after the term is through; the landlord does not have to give the tenant notice to relocate unless the conditions of the lease compel it (unless the tenant has indicated otherwise, such as by asking for a lease renewal).
Tenant Eviction Defenses
The tenant may elect to contest the eviction even though the landlord believes there is good reason to do so. The duration of the eviction lawsuit would lengthen as a result. The tenant may have a number of good defenses, like the landlord making mistakes in the eviction process (for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit). Other possible defenses include the landlord’s failure to keep the rental property up to code or the landlord’s treatment of the tenant unfairly.
Removal Of The Tenant In New York
The attempt by a landlord to evict a tenant from a rented property is prohibited. Only when the landlord has won an eviction lawsuit is the tenant evicted. Even then, a sheriff is the only person legally able to evict a renter from a rental property. The landlord can discover that the tenant left behind personal goods after the tenant has vacated. New York does not have rules that dictate how a landlord should handle this property, in contrast to the majority of states. However, the property should not be sold off right away by the landlord. Instead, the landlord must inform the renter about the abandoned property and provide a fair window of time for the tenant to retrieve it. The landlord may sell or otherwise dispose of the property if the renter does not claim it within a reasonable amount of time.
Rationale For New York Eviction Rules
When evicting a tenant, landlords must meticulously adhere to all the regulations and steps outlined by New York law. If not, the eviction could not be legal. Although the landlord may feel burdened by these guidelines, they are in place for a reason. Evictions frequently take place relatively rapidly, leaving the renter without a place to live. The regulations make sure the renter has ample time to find a new place to live and that the eviction is lawful.