Tenant evictions in New York can sometimes be a complicated process. It’s well worth learning as much as possible about the process if you’re considering becoming a landlord or needing to evict a tenant. But never fear. This article will share all you need to know about the New York eviction process to help you prepare for challenging situations. Before you write an eviction notice, make sure you read this article.
In Which Circumstance Is a Tenant Eviction Lawful?
A tenant eviction is lawful if you have terminated the tenancy with appropriate written notice that meets state and city law. It’s also important to note that if your tenant fails to vacate your premises by the termination date, you must file a case in the property’s county to proceed with a lawful tenant eviction in New York.
How Much Notice Do You Need to Provide Tenants to Move Out in New York?
The answer you’re looking for is that it depends on the lease period. If the lease period is less than a year, you must provide a notice 30 days in advance. You must give a notice 60 days in advance for lease periods over one year. And for lease periods over two years, you must provide a notice 90 days in advance.
Can You Evict a Tenant in New York Before the End of a Lease?
Yes, you can evict a tenant in New York before the end of a lease if there’s a legal reason for this. This type of eviction is called a “for cause” eviction.
If you’re wondering which factors are often used for this type of eviction, some examples are:
- Rent payment failure
- Lease agreement violation
- Health and safety violation
- Causing a nuisance in the dwelling
If you want to evict tenants in New York before the end of a lease, make sure you serve the appropriate written notice.
Which Written Notices Can You Use to Evict a Tenant in New York?
There are a few written notices you can use to evict a tenant in New York, including the 14-Day Notice to Pay Rent or Quit, a notice referred to as the Notice to Cure, or a Fixed-Term Lease Termination. Here’s more information on each of these written notices.
14-Day Notice to Pay Rent or Quit
You can issue the 14-Day Notice to Pay Rent or Quit when your tenant has failed to pay rent on time. When you give the notice, you’re informing the tenant that they have a 14-day deadline to pay the owed rent or end the contract and move out. What happens if your tenant doesn’t pay the rent? You have the option of filing an eviction lawsuit after 14 days.
Notice to Cure
You can issue the Notice to Cure when your tenant has violated the lease contract. The notice informs your tenant that they must amend or rectify the issue between you that has breached the contract or moved out. Failure to amend the problem can give you grounds to issue a termination notice.
Fixed-Term Lease Termination
When you’ve agreed to a fixed-term lease, you must wait until the term ends before the tenant moves out. In this case, there’s no need to issue notice except when this is stipulated in the lease terms.
Should You Proceed to Remove a Tenant During the Eviction Process in New York?
No, you should never proceed to remove a tenant during the eviction process in New York. This method is illegal. For the process to be legal, only a sheriff can remove the tenant after you have won the eviction lawsuit.
What Should You Do if a Tenant Hasn’t Taken Their Personal Property?
Despite the law not being clear on what to do with this property, it’s a good idea to give the tenant notice that they haven’t taken it with them and ask them if they want to claim it. Provide your tenant with sufficient time to claim their personal property.
It may be the case that your tenant never claims the items. In that case, you may dispose of the items or sell them.
Tenant Eviction in New York: Crucial Points Not to Forget
Tenant eviction in New York can be complex, but remember that you must follow the law in all circumstances to avoid lawsuits yourself. Pay attention to the written notices and the timeframes you must follow when providing tenants with notice.
Though it is possible to evict tenants before a lease has ended, ensure you’re acting within the law and have a valid reason for evicting them. And remember that under no circumstances should you remove a tenant yourself – this is the sheriff’s job.
