Once your PRO trial is over you can continue using Landlord Studio GO completely free.
By continuing you agree to our Terms & Conditions.
Please visit our United Kingdom site for a better experience
Continue
Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
%201.svg)
Following the implementation of New York's Good Cause Eviction Law, a significant shift has occurred in how tenants are evicted. The law outlines several new guidelines that now govern the eviction process in New York.
For example, landlords can only initiate an eviction if there is a valid legal reason under New York laws. They must also file a court proceeding and obtain a judgment of possession from the court. Furthermore, only a sheriff, marshal, or constable is authorized to carry out a court-ordered eviction.
With this update, you might wonder, “How does an eviction work in New York?”
This article will provide you with everything you need to know about eviction laws in New York, from the grounds for eviction to the eviction process.
On April 20, 2024, New York enacted the Good Cause Eviction Law, aimed at enhancing tenant protections. This law makes it more challenging for landlords to evict tenants without valid reasons.
Under this law, landlords must provide a "good cause" for evictions, which includes scenarios such as failure to pay rent or causing significant property damage.
Additionally, the law safeguards tenants from unjust rent increases. If a landlord intends to raise the rent by more than 5%, they must justify the increase and allow tenants the opportunity to contest it in court.
Tenants now enjoy greater rights regarding lease renewals; landlords cannot refuse to renew a lease without good cause, offering tenants increased stability.
Furthermore, tenants can challenge evictions and rent hikes in court, compelling landlords to demonstrate a valid reason for their actions. This ensures fair treatment and allows tenants the chance to defend their rights.
Grounds for Eviction: Landlords in New York can evict tenants for nonpayment of rent, lease violations, expired leases, illegal activities, or creating a nuisance. Proper documentation and adherence to legal procedures are required to avoid penalties.
Notice Requirements: Landlords must serve the appropriate eviction notice, including:
Additional notifications may be required in rent-controlled areas.
Eviction Process: The eviction process in New York generally follows the following steps. 1) Serve a written notice. 2) File an unlawful detainer lawsuit. 3) Serve the tenant a summons. 4) Attend a court hearing for judgment. 5) Issue a warrant of eviction if the court rules in favor of the landlord.
Tenant Rights: Tenants can respond to lawsuits, present their case in court, and are protected from illegal evictions like lockouts or utility shut-offs.
Timeline: Evictions typically take 1 to 5 months, depending on notice periods, court schedules, and tenant responses. Proper legal adherence is essential for a valid eviction.
Per New York eviction laws, landlords must have valid legal grounds before they can evict a tenant. Not complying with this law in an eviction process in New York can result in legal repercussions.
Here are the common grounds for eviction under New York law, specifically outlined in Title 9, Chapter VIIB, Part 2104:
Once a valid legal ground for eviction has been established, landlords can proceed to give a tenant an eviction notice New York. This eviction notice would specify the reason for eviction and the number of days the tenant has to remedy the violation or vacate.
Here are the three types of eviction notices a landlord may send in New York:
Timeframe: 14 days to pay or quit.
If rent is unpaid when due, the landlord must deliver this notice, stating the amount of unpaid rent required to remedy the breach and the date on which the lease will terminate if payment is not made (at least 14 days after receipt of the notice) (NY RPA Code § 711(2)).
Notice to Cure: 10 days.
If a tenant violates a lease term other than nonpayment (e.g., damaging property or refusing access for repairs) or unlawfully remains in the unit, the landlord must deliver a Notice to Cure. This notice specifies the breach, outlines what must be done to remedy it, and states that the issue must be resolved within ten days.
Termination Notice: 30 days.
If the tenant does not cure the breach within ten days, the landlord may send a Termination Notice. This informs the tenant that the lease will terminate in 30 days and that they must vacate by that date. The Termination Notice does not provide an additional opportunity to fix the problem.
Timeframe: 10 days.
Landlords should issue this notice when someone is living on the property without authorization (e.g., a squatter or an unauthorized guest of the tenant).
Timeframe: Immediate.
This notice allows no opportunity to cure the violation and applies if the tenant uses the property for illegal activities, such as prostitution or illegal trade/manufacturing (NY RPA Code § 711(5)).
Additionally, landlords with properties in rent-controlled areas may be required to notify the New York Division of Housing and Community Renewal (DHCR) before evicting a tenant. The notice must be written and submitted to the DHCR District within 48 hours after serving a Notice of Termination to the tenant.
Here's an overview of the steps involved in a typical eviction process in New York:
The eviction process in New York involves several legal steps that landlords must follow. Here’s a clear outline of the procedure:
The type of notice you provide depends on the circumstances leading to the eviction. For example:
You can serve the notice by:
If the tenant does not comply with the notice or fails to vacate the premises, you must file an unlawful detainer lawsuit in the court where the rental unit is located. For instance, if your property is in Long Beach or Brookhaven, file the case in the District Court of that specific town. Ensure that you serve the notice for the petition 10 to 17 days before the scheduled hearing.
The hearing date is typically set when you file the eviction petition. Both you and the tenant have the option to request a 14-day adjournment. If the tenant does not appear at the hearing, the court will proceed with the case in their absence. If the court rules in your favor, a writ of possession will be issued. Conversely, if the tenant prevails, you must cease all eviction efforts.
A warrant of eviction serves as a final notice to the tenant, requiring them to vacate within a specified timeframe, which can range from a few hours to 14 days. If the tenant refuses to leave, you may need to obtain a forcible entry and detainer order under New York repossession laws.
To answer the question “How long does the eviction process take in New York?”, we'll have to examine all the processes involved.
Here’s a comprehensive timeline for each step in the eviction process New York, based on average timelines:
Overall, the eviction process in New York typically takes about 1 to 5 months to complete, depending on the specific circumstances and any potential delays.
If you are a landlord preparing for an eviction, here’s a checklist to simplify the process:
As a landlord in New York, understanding tenant rights during the eviction process is essential to ensure compliance with the law. Tenants possess significant rights, including protection against illegal eviction practices.
For example, it is unlawful for landlords to change locks, shut off utilities, or remove a tenant's belongings without a court order. Such actions, known as "self-help eviction," are strictly prohibited and can lead to serious legal repercussions for landlords.
Landlords must adhere to a specific legal process for eviction, and any deviation can work in favor of the tenant.
The Fair Housing Act explicitly prohibits discrimination in eviction based on race, religion, gender, national origin, familial status, or disability. Additionally, New York State law also protects tenants by banning bias based on age, sexual orientation, and military status.
To successfully navigate the eviction process New York, landlords must thoroughly understand and adhere to state eviction laws. This includes providing tenants with a proper notice to vacate.
If the tenant fails to comply, landlords can proceed to a court hearing. Should the landlord win the case, a warrant of eviction will be issued, allowing law enforcement to remove the tenant if necessary.
It is also essential for landlords to recognize that tenants have rights and can contest an eviction in court. Therefore, landlords should diligently gather all necessary evidence and documentation to support their case, ensuring they are well-prepared for any legal proceedings.
