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How does the eviction process work in New York?

| Sep 16, 2020 | Firm News |

Landlords must follow specific laws when evicting tenants in New York. Tenants must receive a chance to rectify the situation so they can retain their residence.

These are the necessary legal steps New York requires to evict a tenant before the end of the lease.

Providing notice

To terminate a lease for nonpayment of rent, the landlord must give the tenant 14 days’ notice. During that period, the tenant can either leave the rental unit or pay the rent in full.

For eviction due to a lease violation, the landlord must start by giving the tenant notice to cure. This allows the tenant 10 days to fix the violation or be subject to eviction. Failure to fix the violation within 10 days results in a notice of termination. Once the landlord delivers this form, the tenant has 30 days to move out.

Filing an eviction lawsuit

If the tenant fails to become current on rent, fix the lease violation or leave the unit, the landlord can file a lawsuit for eviction. It is illegal to force a tenant out of a rental unit before taking this step.

The court may decide to deny the eviction if the tenant can prove the landlord failed to follow the proper procedure, did not maintain the apartment or discriminated against him or her. If the landlord wins the lawsuit, he or she can request the removal of the tenant from the unit by the sheriff’s department.

In New York, tenants can sue landlords for improper eviction. The court can award three times their actual financial damages and the right to stay in the unit.