To begin the eviction process in New York, the landlord must go through a series of steps, regardless of the reason.
The first step is providing the tenant with a written notice.
Termination Without Cause
Landlords cannot terminate a tenancy before the end of a lease without a cause. For tenants on a month-to-month payment plan, the system for termination depends on how long the tenant lived on the property. For example, the law requires:
- 30-day notice for tenants occupying for a year
- 60-day notice for tenants occupying the space for one or two years
- 90-day notice for tenants occupying the space for more than two years
If the landlord has cause for termination, the rules are different.
Termination With Cause
The most common cause of eviction is failure to pay rent. If the tenant does not pay, the landlord must go through a specific process to evict. The steps include:
- Provide the tenant with a two-week notice to pay or move out
- Issue a notice to cure, which allows the tenant 10 more days to correct the problem
- Issue a notice of termination, which tells the tenant that the lease is no longer valid
Once the tenant receives a notice for termination, they must exit the premises within 30 days.
Removing the Tenant Legally
Without a successful eviction lawsuit, the landlord cannot lawfully remove a tenant. Additionally, the landlord must wait for a sheriff to conduct the physical removal.
It is important for both tenants and landlords to understand their rights and obligations before entering into a lease.