Evicting a legal tenant in the State of New York is not straightforward. It involves serving eviction notices, summons, etc under the New York laws.
However, this eviction process is important for landlords, as well as tenants. On one hand, it helps landlords to effectively drive a tenant out of the rental unit without having any legal complications.
It also helps tenants to prevent unlawful and wrong tenancy termination. It protects their rights and responsibilities under the NY eviction laws.
In this article, we’ve provided an overview of the different types of eviction notices and the associated legal processes in New York.
Eviction Laws in New York State
The primary legislation that regulates leases and tenancies in the State of New York is the Real Property Actions and Proceedings Law (RPAPL), Article 7.
This law provides for the landlord-tenancy relationship and explains the rights and obligations landlords have towards tenants and vice-versa, the ground for serving an eviction notice, the eviction process under New York eviction laws, and so much more.
Article 7 § 711 specifically states that a landlord-tenant relationship exists where a person is an occupant of one or more rooms, and has been in possession for at least 30 days.
Over the years, there have been a number of changes to this law. The new eviction laws in New York facilitate the protection of tenant’s rights by imposing stricter regulations on the eviction procedure, prohibiting retaliatory evictions, restricting the grounds for evictions, and lots more.
Types of Rental Agreements
There are various types of rental agreements in New York. These are;
Residential Lease: This refers to a contract between a lessor and lessee ( landlord and tenant). It outlines the terms under which the tenant can occupy the landlord’s property.
Month-to-Month Tenancy: This is a periodic tenancy with no specific end date. The tenancy automatically renews itself, and can only be terminated by notice from any of the parties.
Sublease Agreement: This is a contractual agreement that allows a tenant (sublessor) to transfer the possession of the rental property to another tenant (sublessee), with the consent of the original landlord (lessor).
Roommate Agreement: This refers to a written contract between roommates. It outlines the living arrangement, as to rent, expenses, chores, etc., between one or more parties living together.
Commercial Leases: This is a contractual lease agreement used to rent a commercial business property, such as retail spaces, offices, etc.
Lease to Own Agreement: This is an agreement that allows the tenant to rent a property, with the option of purchasing such property in the future at a price.
Short-Term (Vacation) Rental Agreement: This refers to a contractual rental agreement between the property owner or manager and the renter. The agreement is typically for a short time ( between a month).
Grounds for Eviction
Under NY eviction laws, a landlord can lawfully evict a tenant where any of the following situations applies. These are;
Non-Payment of Rent: Rent in New York is considered late a day past its due date. Where a tenant defaults in paying rent, the landlord may evict the tenant on that basis, particularly where a written demand and notice have been served on such tenant.
Violation of Lease Terms: If a tenant violates a term in the lease agreement, the landlord can evict such tenant for his failure to follow the agreement. Examples of lease violations are; smoking in the premises where it is prohibited, keeping pets in a pet-free premises, causing nuisance in the premises, etc.
Holdover Tenancy: Where a tenant remains in the rental property after his lease term has expired and without the consent of the owner, the landlord can evict such tenant by serving a 30-day eviction notice under NY laws. Where the tenant remains in the property after such notice, the landlord can commence an unlawful detainer suit to drive him out.
Illegal Activity: It is considered illegal where a tenant partakes in any of the following; usage of the rental property as a brothel or engaging in prostitution, and taking part in an illegal trade or business. The landlord can by notice evict such tenant. But where it involves unlicensed cannabis retail sale, the court can order an immediate removal of such tenant.
Property Damage: Where the tenant has caused significant damage to the rental property, the landlord can serve an eviction notice under New York laws. It’s important for the landlord to document the damage, to effectively prove it in court.
Health and Safety Violations: If the tenant poses a threat to the health and safety of the landlord or any other person around the premises, the landlord can file for eviction.
Types of Eviction Notices in New York
Eviction notices in New York are issued by the landlord against the renter, to either pay rent, fix the violation or damages, or otherwise vacate the rental property.
These eviction notices typically include the reason for the eviction, the timeline for compliance, parties’ information, etc.
Various types of eviction notices are issued based on the particular circumstances surrounding the case.
Understanding the New York eviction laws would help landlords and tenants to know their rights, responsibilities, and the proper legal procedures.
Eviction Notices with Cause
It’s trite under NY eviction laws that the particular circumstances of the case would determine the eviction notice to serve upon the tenant.
Landlords can evict a legal tenant for some certain reason without the need to wait for their lease term to expire. Some of these causes are the following;
14-day Notice to Pay Rent or Quit
If a tenant fails to pay rent before it is due, the landlord can issue a written demand with a 14-day eviction notice under New York laws to either pay the due rent or vacate the premises.
Where the tenant fails to pay the rent or leave the property before the 14 days, the landlord can commence an eviction suit.
The eviction notice can be served on the tenant personally, by giving the notice to a person of suitable age living or employed in the tenant’s property, or by placing it in a conspicuous place or under the entrance door of the tenant.
Where the notice is not delivered to the tenant personally, it must additionally be delivered by mail to registered and regular first-class mail.
Also, landlords can create an eviction notice online just by providing the necessary details.
10-Day Notice to Cure or Quit
If a tenant breaches a term in the lease agreement, the landlord can issue a 10-day eviction notice to cure or quit under the New York laws.
The tenant can avoid eviction by fixing the violation, or otherwise leave the rental property.
However, this notice timeline can be altered by the applicable rent regulation. If the rental is not regulated, then there’s no set timeframe for a notice to cure.
Where the tenant fixes the violation, then the landlord can not take further steps to terminate the tenant. But where the tenant fails to correct the violation, the landlord can then serve a tenancy termination notice under NY eviction laws.
Notice of Holdover
Where a tenant remains in the rental after the lease has expired, the landlord can serve upon the tenant a Notice to Terminate. This notice may be written or oral.
It informs the tenant of the termination of the tenancy and their need to vacate the rental. The tenant is usually given a 30-day or 60-day eviction notice under New York laws, depending on how long the tenant has resided in the rental.
However, the landlord must also have a good cause to evict a holdover tenant in a rent-controlled apartment. It can be illegal use of property, lease violation, etc.
Where the tenant fails to leave during the period specified in the notice, the landlord can commence a ‘Holdover Summary Proceedings’.
Eviction Notices without Cause
Under New York eviction laws, the landlord must have a good cause to evict a legal tenant.
Where the landlord doesn’t have a cause but wants to evict a tenant, he must wait till the lease terms expire. In such a case, he is still obligated to give notice of non-renewal of the tenancy.
The timeline for the notice depends on how long the tenant has resided in the rental premises or the length of the tenancy, whichever is longer – N.Y. Real Prop. § 226-c (2023)
- Tenants who have occupied the unit for less than one year or do not have a lease of at least one year – 30 days’ notice
- Tenants who have occupied the unit for 1 – 2 years, or have a lease of at least a year but less than two years – 60 days’ notice
- Tenants who have occupied the unit for more than two years or have a lease of at least two years – 90 days’ notice.
For a fixed-term lease, the tenancy ends when it is supposed to end as stated in the lease agreement. In most cases, the landlord does not have to give notice to the tenant to move out. But where the lease agreement requests for it, then the landlord has to comply.
Eviction Process in New York
Filing an Eviction Suit
After serving the eviction notice, and the tenant refuses to comply with the specification of the notice, the landlord can file an eviction lawsuit. This should be done in the justice court of the city where the rental is situated.
Under New York law, landlords must give ample time after serving the eviction notice before proceeding to file the suit. This may be between 14 to 90 days depending on the reason for eviction and lease agreement.
In the court, the landlord must file a Petition and Notice of Petition. It should be filed alongside the following documents; eviction notice, lease agreement or deed, and other evidence that supports the petition.
The court fees for filing this suit may range from $156, or more.
Serving the Tenant
A copy of the petition or notice of petition must be served on the tenant by any authorized person unrelated to the case. This must be done between 10- 17 working days before the hearing.
These documents can be served on the tenant by;
- Personal Service: Where it is delivered directly to the tenant.
- Substituted Service: Where it is given to a person of suitable age and discretion living or employed in the tenant’s property.
- Affixing: Where it is placed in a conspicuous place or under the entrance door of the tenant.
Where the document is served by substituted service or affixing, within a day of such delivery, it must be further mailed to a certified or regular first-class mail.
Court Proceedings
Unless the eviction concerns non-payment of rent, the tenant is not required to answer the petition served on him.
Where it’s about nonpayment of rent, the tenant must send his reply within 10 working days, and a hearing is set 3-8 days after. Failure to send a reply on time may result in the landlord winning the case.
Where a reply isn’t needed, the tenant only has to show up in court for the hearing.
During the hearing, both parties must provide strong arguments, backed with indefensible evidence to prove or counter the claims of one another.
The burden of proof lies on the landlord to prove the lease violation, nonpayment of rent, and all. Evidence such as the deed or lease agreement, bank ledger, bank statement, witnesses, etc may be used in court.
On the other hand, the tenant must dispute the claims of the landlord. The judge would make his judgment based on the credibility and relevance of both party’s arguments.
If the tenants fail to show up in court, the landlord wins by default. But where the tenant wins the lawsuit, he can be allowed to stay in the rental till his lease expires.
It’s important to note that either party may seek for adjournment of the hearing for up to 14 days.
Tenant Defenses
Under NY eviction laws, tenants can use the following defenses in court against the eviction notice.
Improper Notice: It’s important that landlords follow the exact eviction process under New York laws. Where the wrong notice is served or the proper timeline is not given, the tenant can rely on it as a defense. Although technical defects like this can only delay the eviction process, and not hinder it.
Condition of the Property: According to New York’s law, landlords have the implied duty to keep the rental unit in a fit and habitable condition. Tenants are further allowed to withhold rent to enable the landlord to make necessary repairs in the rental or make the repair themselves and remove the cost from the rent. Where the eviction notice is served due to any of these options, the tenant can use it as a defense.
Retaliation: The tenant can claim that the eviction notice is in response to the tenant exercising his or her legal rights or obligation. For example, filing complaints of unsafe living conditions, reporting code violations, joining a tenant’s union, etc.
Rent Overcharge: According to the new eviction laws in New York (NYC Rent Guideline Board), there’s a limit on rent increase depending on the housing type and length of the tenancy. Therefore, where the rent exceeds the limit, the tenant can claim that he is being inappropriately and unlawfully charged.
Illegal Unit: If the rental unit does not follow the local building and zoning regulations, the tenant can counter the eviction notice based on this ground.
Rent Payment Issues: For evictions based on non-payment issues, where the tenant’s reason for not paying rent is due to some issues that are not controlled by the tenant. An example is when the bank freezes the account of the tenant, and when he has made reasonable effort to fix it. In such a case, the court may give the tenant reasonable time to fix the default.
Discrimination: It is illegal to evict a tenant based on his creed, age, sexual orientation, marital status, or military status under the New York State Human Rights Law. This can also be used as a defense where the landlord purports to evict the tenant based on certain discriminations.
Self-Help Eviction: Landlords are not expected to evict a tenant without the authorization of the law. Even if they win the lawsuit, they are expected to drive the tenant out of the rental through a law enforcement agent. Where the landlord resorts to self-help methods, this can used as a defense against the eviction notice. Examples of self-help evictions are changing the locks of the tenant’s property, turning off utilities, etc.
Judgment and Warrant for Eviction
Where the judge prefers the argument of the landlord, a judgment is given authorizing the eviction of the tenant.
This judgment is however appealable by the tenant, which is another long and complicated process under NY eviction laws.
Where no appeal is made, the court shall issue a Warrant of Eviction to the Sheriff or any other authorized personnel to remove the tenant from the rental premises. This warrant shall be served on the tenant as a final notice.
However, the tenant can receive a Stay of Execution from the court allowing him or her to remain in the rental property for up to a year if it can be proved that;
- The tenant is unable to find a similar home in the neighborhood;
- Moving from the rental would cause a lot of hardship, e.g., health issues, or affect a child’s change of school, etc.;
- Other family issues may arise.
The tenant would still have to pay the required rent during the stay in the rental.
In cases that involve non-payment of rent, if the tenant pays the rent before the Sheriff’s execution, the court will cancel the warrant. However, the landlord may try to argue that the rent was paid in bad faith and the eviction should regardless be valid.
Executing the Eviction
The directed Sheriff, Marshal, or Constable must execute the warrant of eviction within 14 days.
Therefore, where no stay of execution is granted, the tenant has only 14 days to vacate the rental or be forcibly led out by the Sheriff.
Under New York eviction laws, landlords are not allowed to remove tenants from the property.
Where a tenant abandons his personal property in the rental unit, it is often advised that the landlord notifies the tenant of the abandoned property and gives reasonable time to claim it.
If the tenant refuses to claim the properties afterward, then the landlord can dispose of the property however he deems fit.
Eviction Notice by States
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FAQs
On average, it takes about 35 days to 1 year to lawfully evict a tenant from the rental premises. This is mainly due to the broad timelines for the eviction process in New York.
Rent in New York is considered due a day after its due date. Where an eviction notice is filed under NY eviction laws, the tenant has 14 days to pay up or leave the rental unit. The law also allows landlords to charge a late rent fee for late payment of rent.
New York eviction laws require landlords to give 30 days’ notice for tenants who have lived in the rental for less than a year or have a lease of less than a year. It also requires a 60-day eviction notice for tenants who have lived in the rental between one to two years, and 90 days’ notice for tenants who have resided in the rental for more than 2 years.
Under the eviction laws in New York State, a tenancy with no lease agreement can be evicted by the landlord. Where it’s a month-to-month renter, a 30-day eviction notice to quit is required. However, this eviction process does not require a cause.
The Sheriff would serve the tenant a notice giving him or her 14 days to vacate the rental premises. If the tenant remains in the property after 14 days, the Sheriff may use reasonable force, as needed to evict such tenant.
Rich is an Entrepreneur, Real Estate Investor, and Lawyer licensed in Texas. He enjoys family, community, and work. He started Landlord Guidance in 2012 to help fellow landlords, and teach them that being fair and ethical with their tenants is the true path to long-term success.
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