If you rent an apartment or a home in New York City, you might have concerns about getting kicked out. And those concerns could be valid. In New York City, it is possible for a landlord to kick out a tenant. However, they must follow the proper procedures. Learn about eviction, the legal process of removing a tenant from their residence.
The Reasons for Eviction
A New York City landlord can’t evict a tenant on a whim. However, there are several possible reasons for evicting a tenant. Typically, issues like violating the rental agreement or failing to pay rent initiate the eviction process.
Your lease or rental agreement is a legally binding document. Therefore, you are held to all of the terms in your agreement. Even if the violation seems minor, it could be enough to get you kicked out of your rental.
For this reason, it’s crucial to read your lease agreement before signing it. If there’s anything with which you disagree, you should bring it to the attention of your landlord. Do not sign the agreement unless you can stick to its terms.
When Can They Kick You Out?
Although you might be guilty of one of the actions that can cause eviction, the landlord can’t immediately kick you out. First, they need to follow the right procedures. They need to write a written notice of eviction. If you don’t comply with the notice, the landlord can begin an eviction lawsuit.
The laws regarding eviction vary depending on your location. For instance, New York City sometimes has separate eviction laws from the state of New York. Your rental may be governed by the New York City Housing Authority. To learn more about their eviction process, you should speak with an attorney.
Before a landlord attempts to evict you, they need to comply with all of the laws. They need to do the following:
Notify the Tenant
The first step in evicting a tenant is notifying the tenant. If a landlord fails to notify the tenant, they cannot begin the eviction process.
Notification can occur in one of several ways. For instance, the landlord could issue a notice of termination. This informs the tenant that their tenancy is coming to an end. Additionally, it tells them the last date of their tenancy and explains that the landlord will initiate a housing court case if the tenant doesn’t move. In most cases, you should receive the notice at least 30 days before the termination date.
If the landlord takes a rent payment from the tenant, the 30 days starts over again. A court could dismiss an eviction case for this reason.
Instead of a notice of termination, you may receive a notice to vacate. If you failed to pay rent, you could receive a three-day notice to vacate. You would only have three days to pay your rent or move out.
Alternatively, you could receive a notice to quit. This type of notice is given to a squatter, or someone else without permission to live in the residence. If you’re doing something not allowed in your lease, you could receive a notice to cure. This will explain the action that violated the lease and will give you ten days to resolve the issue.
Notice of Petition
After issuing your first notice, your landlord could issue you with a notice of petition. With this document, you receive notice that your landlord is taking you to court. It informs you of your court date.
Your landlord should not hand you the notice of petition. As a legal court document, it should come from someone else. They could hire a process server to issue you the document.
Fighting the Process
As a tenant, you have rights. You may be able to fight the eviction in court. Contact Mark H. Cohen & Associates P.C. to learn more.