Being a landlord or property owner is difficult, especially if you have to serve an eviction notice. You know that you will be affecting someone’s life, but you must do your job or protect your investments. It’s important to deal with evictions as a business transaction, whether you are evicting someone from a residence or a commercial property.
In business transactions, it is best to seek the assistance of a legal advisor. Rogers & Rogers, Esq. has extensive experience working with clients dealing with eviction cases. Call us today at (718) 994-1640 to find out how we can help you.
Types of Eviction in New York
There are two main types of eviction in New York.
- You may issue an eviction notice due to non-payment of rent where there is a lease.
- You may issue an eviction notice to holdovers for violating a provision of a lease or upon the expiration of the lease
In both of these situations, you must follow a strict eviction process.
Lockouts Are Not Allowed in New York Evictions
When performing an eviction, it’s important to remember that you cannot self-evict a tenant or lock them out of the location. You must have a court order. Lockouts amount to more than simply changing the locks on a tenant. A lockout may also include the following:
- Blocking a tenant from accessing a reserved parking spot;
- Increasing rent in violation of the lease;
- Removing the tenant’s belongings from the location; and
- Shutting off utilities.
If you take any of these actions or others to lockout your tenant without proper eviction notice and court order, you may be in violation of New York’s lockout law.
Three-Day Eviction Notice in New York
There are certain eviction situations when you may issue a three-day demand for rent. This eviction notice may be issued when your tenant fails to pay rent. A non-payment of rent eviction notice must state the amount owed. It must also state that a Petition for Eviction will be filed if rent is not paid by a certain date which will be well past that three-day period.
Thirty-Day Eviction Notice in New York
All evictions due to something other than non-payment of rent require at least a 30-day eviction notice and may also require additional notices. This includes situations where the tenant:
- has violated the lease,
- has refused to leave the premises after the lease expired, and
- is creating a nuisance or participating in criminal behavior in violation of the lease.
In addition to the eviction notice being at least 30 days long, it must give the tenant one full lease term to vacate. Thus, you must issue an eviction notice prior to the beginning of a month term. This is referred to as a “Notice of Termination” eviction notice in New York.
Filing an Eviction Petition
If your tenant fails to pay rent, leave, or comply with the lease after you have issued an eviction notice, your attorney must file a Petition and give the tenant notice of that Petition. You must file the Petition with the housing section of the civil court within the jurisdiction where the premises is located. A Notice of Petition will be served on the tenant that states the date, time, and location of a hearing regarding the eviction.
All papers should be served by a licensed process server!
Speak to an Attorney Before Issuing an Eviction Notice
The New York evictions process can be complex. It’s best to work with a skilled professional who understands the relevant laws and deadlines. Contact Rogers & Rogers, Esq. today at (718) 994-1640 or email them at firstname.lastname@example.org.