With the rising home prices and rents in New York, many tenants find themselves in the position of having to take court action against their landlords for failure to abide by the lease terms. Unfortunately, evictions are a common occurrence mainly because landlords can take numerous forms of legal action against tenants in order to remove them from the property.

As a tenant living in New York City, it is important to understand your rights and legal recourse if your landlord is attempting to evict you. The regulations governing landlords and tenants in the state are set forth in the Rent Stabilization Code. In this article, we will take a look at the eviction process, the legal protections given to tenants, and the things tenants should do in order to protect themselves against an eviction.

Overview: The Eviction Process in New York

The eviction process begins when the landlord gives the tenant a written notice.The notice must tell the tenant what he or she must do in order to cure the violation, and it must also give the tenant a certain amount of time to cure the violation or vacate the premises. Depending on the kind of violation, the notice period is either 3 days or 10 days.

If the tenant fails to cure the violation or vacate the premises, then the landlord has the right to take legal action and file for an "Order to Show Cause." This is a summons and complaint that will give the tenant an opportunity to explain to the court why he or she should not be evicted.

If the court finds that the tenant has indeed violated the lease, then an order for eviction will be issued. This order will give the tenant a certain amount of time (usually 10 days) to vacate the premises. The tenant may also be fined with compensatory damages and legal fees.

Rights of Tenants

Tenants in New York City are afforded certain rights under the Rent Stabilization Code. These rights include the right to:

* Receive advance notice of any eviction proceedings, so that the tenant has adequate time to prepare for the case;

* Defend oneself in court against the allegations made by the landlord;

* Have the legal fees associated with defending oneself against an eviction paid for by the landlord;

* Appeal the court’s decision, if the court finds in favor of the landlord;

* Stay in the rental unit until all appeals are exhausted; and

* Receive relocation assistance, if they are evicted through no fault of their own.

Tips For Tenants

If you are facing an eviction, there are certain steps you can take to protect yourself. These include:

* Hire a lawyer to represent you in court. An experienced attorney who is familiar with the landlord-tenant law in New York can help you navigate the eviction process and ensure that your rights are protected.

* Keep all communication with your landlord in writing. Doing so will create a paper trail that can be used to your advantage in court, if necessary. It is also important to make sure that you respond to any notices or court orders in a timely manner.

* Gather evidence. Gather pictures, emails, and other evidence that will demonstrate that you have not violated the lease terms.

* Present your case in court. Make sure that you understand the procedures in court and present your evidence in a clear and organized manner.

* Consider filing a countersuit. In New York City, a tenant can file a countersuit against the landlord in cases of illegal evictions. This is a useful tool for tenants who are attempting to protect their rights.

Topics:

Eviction,

New York,

Tenant Rights