Area of Law:
A tenant in New York cannot be legally evicted simply because a landlord dislikes his or her personality. Loud music and frequent house parties are not legal reasons to evict tenants either. Even a period of owed rent is not necessarily a sufficient justification to remove a tenant. While expelling problematic tenants can be difficult and time consuming, it needs to be done legally. If you are in need of some free legal aid to learn more about your options concerning Eviction Law in New York, go to RentLaw.com
As a landlord, you should be aware that you cannot legally resort to “self help” methods of driving out difficult tenants, such as changing the locks or turning off the electricity or water. Landlords who make use of these illegal methods are liable for the damages and penalties that may occur.
If a landlord wants to evict a tenant, there is a series of both state and local New York laws to which the landlord must adhere. The eviction process is a detailed one, and it must be followed to the letter. If there are any discrepancies, the eviction case may be thrown out, and the landlord will be required to start the process over.
To evict a tenant, either the landlord or his or her attorney must prepare a petition requesting for a court hearing, which must be served to the tenant and filed with the court. The landlord must officially end the tenancy through the use of an eviction notice. You can find usable, official eviction notices at EZLandlordForms.com. You have options when it comes to the notices that you can use, and they can be based on specific motives for eviction. Detailed below are a few of the reasons why a landlord may choose to evict his or her tenants.
Non-payment of rent warrants a notice. If a tenant does not pay rent when it is due, the landlord can serve a notice that the rent is due and give the tenant a time period (typically 3 to 5 days) to either make good on the debt or move out. For more legal assistance pertaining to New York eviction laws, go to RealEstateLawyers.net. If/when the tenant pays the rent that is owed within the allotted amount of time, there is no eviction on that notice. If, however, the tenant fails pay the rent that is owed within the appropriate time period subsequent to the landlord giving the notice, the landlord can carry out a Summary Non-payment Court Proceeding to legally evict the tenant.
A landlord in New York is able to give a notice of eviction when there is a violation of the rental agreement. This could include either having a prohibited pet or too many people take up residency on the property. New York state law dictates the length of time that the tenant has to correct the violation. During this timeframe, the tenant may choose to simply move out. A Summary Holdover Eviction Proceeding is in order if the tenant violates a substantial obligation under the lease, including engaging in illegal activities, permitting or committing a nuisance, or staying over the lease without written permission.
Only a sheriff may execute the court ordered warrant. Before the sheriff conducts a legal eviction, he or she must possess a copy of the Warrant of Eviction from the court. In New York, city marshals and deputy sheriffs are the only public officers with the authority to request the Warrant of Eviction from the court.
If a landlord’s notice has gone unanswered, he or she will then have to file an eviction action with a local New York court. The court will issue formal eviction papers that the tenant will be invited to answer. At this point, the tenant will present his or her reasons for the non-payment or non-compliance. If the tenant does not file a response with the court, the case will be set for a hearing based on the submitted facts.
If the court rules that a landlord may evict a tenant, the landlord still may not change the locks. The landlord must take the court order to the sheriff so that he or she may post a notice. The notice will be posted on the front door and will include the move-out date. If the landlord does everything correctly, the entire eviction procedure can take as little as 20 days. If the tenant has a viable defense, which pushes the issue to trial, the process can take several months.