Most landlords eventually have to evict tenants who do not pay rent on time or otherwise break the terms of the lease. Failure to follow the legal process for eviction in New York can prolong the process and even result in a lawsuit.
Avoid these common mistakes that landlords make during eviction.
Forcing a tenant to leave by changing the locks, removing his or her property or turning off utilities can result in serious legal ramifications. The only way to legally evict a tenant is with a court order. If the tenant refuses to leave at that point, law enforcement would handle the removal.
Lack of notice
Tenants in New York must receive at least 14 days written notice before the landlord can file a court order for eviction. If the court agrees to terminate the lease once the eviction process begins, the tenant will have 30 days to move out before removal by law enforcement. The court will dismiss an eviction case without the required notice period.
Accepting partial payments can also delay or complicate the notice period for eviction. Landlords can begin the eviction process by providing notice as soon as the tenant does not pay the rent in full.
Lack of cause
New York landlords can evict tenants for failure to pay rent or for breaking the terms of the lease. In both cases, the tenants may remedy the nonpayment or the lease breach within 14 days. Otherwise, the landlord cannot make the tenant leave until the lease term ends.
Landlords should keep careful records of rent payments and lease violations since the court will require evidence for eviction.