Introduction. New York City landlords must have a legal reason to evict a tenant. Eviction procedures for New York City tenants and landlords residing in Brooklyn, Queens, Bronx, Manhattan and Staten Island may differ from those living outside the city and also whether the property is regulated or not. Below are the different steps of the deportation process in New York. Tenants have 14 days after receiving the enforcement order to move before being forcibly evicted from the rental unit, = by a field marshal, sheriff or constable, unless the eviction is due to non-payment of rent, in which case the tenant has only ten days to move. Here are some of the common eviction defenses that New York City tenants can use to fight an eviction. A landlord can evict a tenant before their lease expires if they have a valid legal reason to do so. This is considered deportation „for cause”. Some of the valid reasons why a landlord may need to evict a tenant include, but are not limited to, non-payment of rent, violation of lease terms, or causing or allowing harassment in the apartment. In order to evict a tenant for cause, the landlord must serve the tenant with written notice. The type of notice required depends on the reason for the eviction and the applicable laws. New York`s eviction laws can vary from county to county in terms of litigation and fees.
Other than that, they all go through the same general eviction process: if your landlord tries to evict you for rent that was due during the pandemic, but you can`t pay due to financial hardship, it can be a defense against eviction, even if you still owe the money. If you go to court for an eviction and are unable to pay the rent that was due during the pandemic, you must inform the court that you are seeking protection from eviction under the SAFE HARBOR FOR TENANTS ACT. You should ask for time to contact a lawyer. Just because a landlord starts eviction proceedings doesn`t mean they won. Tenants have certain rights, and there are multiple defences for an eviction case. The tenant has 10 to 17 days to prepare for the hearing. A response or answer is not required, unless the eviction concerns non-payment of rent. Another consequence of eviction is that the law grants tenants the right to remain in the property. If the tenant violates any of the conditions of the lease, the landlord must issue a 10-day notice to comply. If the tenant resolves the issues in time, the eviction process will not proceed.
Sometimes, when a tenant leaves the apartment, he leaves behind some of his personal belongings. New York has no laws dictating how landlords should handle a tenant`s abandoned property. However, the landlord should not simply throw away the tenant`s property the next day. The landlord should reasonably inform the tenant that they have personal property left on the premises. If the tenant has not claimed the property within a reasonable time, the landlord is usually free to sell or dispose of the property. The fees vary depending on the type of eviction case, the location of the rental property and the court where the petition and petition were filed. Illegal evictions. New York`s Housing Stability and Tenants Act of 2019 allowed for new protections for tenants in the event of illegal evictions. It is a Class A offence for a landlord (or other person) to evict a tenant from the rental unit without a court order. Other than that, tenants are protected by tenancy laws in upstate New York.
Landlords should review laws on rent increases, regulation of late fees, etc. Self-help eviction is illegal. Examples of such actions (but not limited to): Once the rent is late, the landlord must allow for a 14-day payment period if they want to bring an eviction action in court. This notice gives the tenant the opportunity to pay the overdue amount in full within 14 days to avoid eviction. As the next step in the eviction process, New York City property owners must file a petition with the appropriate court, which may be a district court, the court of a village police judge, a judicial court, a district court, or a civil court of a city. Registration fees vary depending on the type of deportation case and the place where the case is filed. If the tenant continues to live in the rental property after thirty days, the eviction process will continue. A tenant does not have the opportunity to respond to the eviction before the hearing (except for evictions due to non-payment of rent) and must appear if he wants to explain why he thinks he should not be evicted. In New York, if a tenant has committed illegal behavior in the property, the landlord is not required to give them written notice.
The owner can immediately proceed with the eviction procedure. If the tenant confirms that the rent has not yet been paid or does not respond, the landlord can proceed to a 14-day written payment period to initiate the eviction process. This factsheet provides information on laws on discrimination, harassment and retaliation against tenants with an immigrant background. See also: Fair and Equitable Housing Office Immigration Information An eviction case, which lawyers call a summary proceeding, is initiated when the landlord asks someone else to serve the tenant with a „notice of petition” and a „petition.” The notice of petition contains the time, date and place of the trial. The „petition” describes why the landlord wants to evict the tenant. Both documents must be served on you at least 10 days before the hearing date (see „Notice of Petition”). The hearing may not exceed 17 days after service. This fact sheet provides information on the reasons for deportation, as well as resources for getting help in court cases or free legal assistance. If the tenant does not vacate the property by the end of the notice period, the landlord can proceed with the eviction process.
Landlords must use this form to apply for a DHCR permit to refuse to renew a tenant`s lease and/or proceed with eviction. Failure to respond in time may result in the owner winning the case. However, if the tenant pays their rent in full before the hearing, the eviction proceedings will be dropped. In addition, the court would ask the landlord to correct the problems before rent payments can be made. However, the tenant would be obliged to deposit the rent with the court. In this scenario, if the tenant is still unable to pay the rent (minus the reductions), the court can proceed with the eviction. Finally, tenants in New York can pay their arrears at any time before being physically evicted. This includes whether or not an arrest warrant or judgment has been issued against the tenant.
In New York State, evicting a tenant is only legal if a landlord has filed a lawsuit and obtained a court possession judgment. A sheriff, marshal or police officer may carry out a court-ordered eviction. A landlord cannot evict a tenant by force or illegal means. Tenants facing eviction can protect their interests by contacting a lawyer in private practice or seeking legal help or advice. Most deportations in New York take about 3 to 6 months. However, the reason for the eviction can affect the schedule. If the tenant has violated the lease, you can evict them in less than 3 months. Evicting a tenant can take much longer, especially if they claim you didn`t inform them properly. Resolving a New York Detention case can take up to a year because the courts are acting slowly, and you`ll have to start the deportation process all over again if you haven`t properly informed them and documented everything accordingly. No. A landlord could be sued for forcibly evicting a tenant if they skip the proper eviction processes.
The reason the tenant is evicted determines the type of notice the landlord must serve. In other words, the procedures and notices required vary according to the type of deportation proceedings initiated. Another thing to remember in New York is that the rules and regulations that apply to an eviction are different depending on whether the premises are an intermediate residence, an open market, a rent-stabilized unit or a rent-controlled unit. Landlords are also advised to check the deposit laws. These deposits protect the landlord in the event that tenants violate the terms of the lease or do not pay their rent. If the tenant is evicted because of a breach of lease, the judge may give the tenant 30 days to correct the violation. If they succeed in correcting the violation and informing the court in time, the deportation procedure will not continue. The date of the hearing is set at the time the landlord submits his eviction application to the court. The hearing must take place 10 to 17 days after the application is delivered to the tenant. No two eviction processes are the same.
One of the factors that affects the whole process is the lease. Landlords must follow the rules to increase their chances of winning an eviction case.