Evicting a Tenant in New York: A Quick Guide for Landlords About Notices and Other Legalities

To expand your rental properties, you've perhaps decided to invest on the East Coast, particularly New York. While you shouldn't have an issue finding renters in New York, or New York City, it's inevitable you'll run into troublesome tenants eventually.

  • Monday, January 16, 2017

  General   Legal   New York   Eviction Guide   

To expand your rental properties, you've perhaps decided to invest on the East Coast, particularly New York. While you shouldn't have an issue finding renters in New York, or New York City, it's inevitable you'll run into troublesome tenants eventually. To mitigate your risk, we recommend pull an eviction report from VerticalRent prior to handing over the keys. However, history isn’t always the best predictor of the future. There are occasions when a tenant with a squeaky-clean background, no eviction records, and a superb credit score will back you into a corner as a landlord by not paying their rent or violating the lease agreement. Either are grounds for an eviction.

If you're new to eviction laws in New York, it's time to educate yourself more thoroughly. One thing to know is that eviction laws may differ slightly between the main state of New York and New York City. It pays to keep up with these differences by joining the Rent Stabilization Association in the state.

The Three-Day Notice on Late Rent or Other Violation

With the three-day notice, you have one of the most common methods for warning tenants who aren't paying rent on time. Or, they're maybe violating your agreement in other ways. Either way, the three-day notice means they need to stop the violations or pay their rent within those three days. If they don't, you'll have grounds to file an eviction order with the court after this time span. A lease violation is going to require two different notices you'll want to consider.

Notices to Cure or Termination

In a notice to cure, you're giving tenants a chance to correct a violation in their rental agreement. New York provides ten days with these notices, which might not always bring a successful result. If not, you'll have legal right to take on a holdover through New York's housing court. A holdover case can become challenging due to the legal complexities. It could even lead to tenants contesting you if you didn't follow laws correctly.

Notices of termination are basically the second step if the tenant doesn't comply to the notice of cure. With these, you're demanding the tenant move out within 30 days, or you'll go to court to start eviction proceedings.

Can You Evict Without Cause?

New York gives you the freedom to terminate a rental agreement without cause, but only if the tenant reaches the end of their lease. For these situations, you can choose to evict based on a month-by-month contract, or a fixed-term lease you put in place in advance. The problem with this is you may anger the tenant who thinks it's unfair you evicted them for no reason. They may file a lawsuit against you, hence leading to protracted litigation costing you and them money. Obviously, you don't want situations like this, yet the tenant may win if you don't follow proper eviction procedures.

Using Mediation

Sometimes you can mediate toward a resolution if an eviction lawsuit occurs. It pays to go through sources like the American Arbitration Association to use a mediator. Otherwise, eviction procedures take place by going through district court in New York, or housing court. The judge holds a hearing to hear your side and the tenant's.

As part of VerticalRent’s background check, you can order both a criminal and eviction report. Every eviction report also includes SSN verification, the issuing state, and the issuing year.

Keep reading us at VerticalRent as we explore all U.S. eviction laws.

DISCLAIMER:

VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.

Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.

Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.

Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.


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