In New York State, landlords must abide by specific rules when attempting to terminate a tenancy, otherwise they run the risk of opening themselves to liability. Tenants who are unlawfully evicted can file suit against the Landlord and be awarded damages by the Court. It is, therefore, important to understand how the eviction process in NY and especially in NYC works.
Terminating a Tenancy With or Without Cause
If the tenant is on a month to month lease, either the Landlord or Tenant may voluntarily terminate the agreement so long as the party gives a proper written and properly served 30-day notice. If the lease has a fixed end date, then the tenancy may end on the last day of the lease. A Landlord must NOT however accept rent after that date, or for any part of any day after that date that the lease expires or else he or she will need to serve a 30-day notice. For more details, speak to a Bronx NY Eviction Lawyer today.
Should a Landlord need to terminate a lease early she must be able to show cause. In most cases, valid reasons to end a lease can be broken into several categories. These may include where tenant:
- Fails to pay rent on time;
- Is damaging the property;
- Poses a risk to other tenants, the Landlord or neighbors;
- Violates a material part of the lease or
- Is conducting illegal activities on the property
Taking a Tenant to Court for Unpaid Rent
Where there is a valid lease, and where a tenant is late or behind in the rent payments Landlord can issue a 3 or 5 day notice to pay the balance or move. You must show the lease to your attorney so he can determine what notice requirements must be met.
There are a great many legal requirements in this step so your attorney should prepare this notice and have it served by a licensed process server. The notice will state the breakdown of all arrears and date they must be paid.
In most cases in NYC the tenant will ignore the notice and the next stop is have your attorney draft the Non-Payment Petition which you will sign and which will be filed with the Housing Court. In a Non-Payment case note that if the tenant pays all the rent the case is over.
Terminating a Tenancy Due to Lease Violations
In this case if it is a curable violation the lease will provide for the kind of notice to be prepared and served. You must bring the lease to your attorney so he can prepare that appropriate predicate notice and also the Notice of Termination that will follow if tenant fails to correct the breach. Again if the tenant cures the breach the case is over.
If the cause of your concern is health safety or welfare or illegal activity then a Notice of Termination may be prepared directly, as one can not cure certain violations to health safety and welfare. Those are called Nuisance cases.
Tenants have the option of fighting a case in NY and it is the Landlord’s burden to prove his case (called a prima facie case) before a Judge can award Landlord a Final Judgment of Possession.
There are many grounds of defense for tenant. However most concerning is the fact that the current mayor of NYC has allocated MILLIONS of dollars for free legal defense for tenants who have not paid rent, have destroyed housing and put their own lives as well as other tenants at risk. The situation is not optimal in Housing Court which means it is more important than ever to have an experienced and capable attorney working on your behalf.
Speak to a Bronx NY Eviction Lawyer Today
Evan Rogers Esq was the Housing Court litigation attorney at Rogers & Rogers since 1986 and currently operates his practice as Evan Rogers Law PC. Same service, same location. Same attention to detail. Read the Google reviews.
He has handled many, many thousands of cases on behalf of LANDLORDS only in the Bronx and Mount Vernon. He knows how to get you the results that matter to you while keeping you informed and answering your questions about your case.
If you are a landlord in need of help call 718 994 1640 or email the attorney at email@example.com