Eviction Notice: What to Know About Dismissing a Tenant in New York
Are you looking for legal counsel to help you with an eviction notice4 min read
Are you looking for legal counsel to help you with an eviction notice? Whether you’re a landlord or a tenant, understanding how to address an eviction notice is important. In New York, tenants and landlords enjoy certain rights that should be respected to ensure all parties involved have a smooth transition. This article will discuss important topics that New Yorkers should know before dealing with an eviction notice.
When it comes to dealing with an eviction notice, it’s essential to be aware of the regulations and procedures made to protect both the tenant and the landlord, which is why it’s important to have legal counsel that understands the local regulations. As a landlord or a tenant, you should make sure you’re more informed and knowledgeable about the process considered the norm in New York.
What is an Eviction Notice?
An eviction notice is a document that formally informs a tenant that they are being evicted, or removed, from a property. The eviction notice may also include an explanation as to why the tenant is being evicted. Before eviction proceedings can move forward, the tenant is usually given a certain amount of time to fulfill any obligations before they are physically removed from the property. In some states, the tenant may also have to appear in court, in which case a court order will have to be filed by the landlord.
What are the Different Types of Eviction Notices in New York?
Certain aspects of eviction vary by state. In New York, there are several types of eviction notices. These include the “pay rent or quit” notice, the “repair or quit” notice, the “cure or quit” notice, the “unconditional quit” notice, and the “Notice of Termination” which is used for month-by-month rental agreements. Each of these notices gives the tenant a certain amount of time (typically 14 days) to comply with the eviction notice or face legal action.
Pay Rent or Quit Notice
This type of notice must be issued by the landlord to a tenant informing them that they have a certain number of days to pay the rent or move out of the rental property. If the tenant fails to either pay the rent or move out within the specified number of days, the landlord is allowed to begin eviction proceedings.
Repair or Quit Notice
This type of notice must also be issued by the landlord informing the tenant that they are in violation of their lease agreement due to the property being in disrepair. The landlord is allowed to demand that the tenant make the repairs in a designated amount of time or move out of the property.
Cure or Quit Notice
Similar to the repair or quit notice, the cure or quit notice is issued when the tenant is in violation of their lease agreement due to another circumstance, such as noise violations or unauthorized pets, and must be resolved within a certain time period or the tenant must move out.
Unconditional Quit Notice
This type of notice must be issued to the tenant if they have committed a serious violation of the lease agreement, such as destroying property or violence. This type of notice does not give the tenant an opportunity to cure the violation and must move out within the designated amount of time or face a legal eviction.
Notice of Termination
This type of eviction notice is used when the tenant has a month-by-month rental agreement. In this case, the landlord must provide the tenant with 30 days’ notice to make sure that they have enough time to move out before the expiration of the lease agreement.
What is the Eviction Process in New York?
In New York, the eviction process begins when the tenant violates the terms of their lease agreement and the landlord issues them an eviction notice. If the tenant fails to comply with the terms of the notice, the landlord is legally able to file an eviction lawsuit. This can be done in civil court. Part of the lawsuit is the “summons and complaint” which is a document that outlines the reason why the landlord is evicting the tenant.
Once the tenant receives the summons and complaint, they must respond within five days if they wish to dispute the eviction. The response must be made in writing to the court. The tenant is allowed to offer a defense if they feel that the eviction should not take place.
Once both parties have made their case in court, the judge will then make a judgment and may order the tenant to move out of the rental property or make certain repairs to the property. If the tenant does not comply with the court’s order, the landlord may begin the process of a “forcible eviction” which must be done with the assistance of the local sheriffs department.
The eviction process in New York can be complex and it’s important for both tenant and landlord to understand the laws and regulations surrounding eviction in order to ensure both parties are protected. Having legal counsel that understands local regulations is essential to the process.
If you’re in New York and are dealing with an eviction notice, local attorneys at UpCounsel can provide assistance with legal advice and counsel that is tailored to New York’s regulations.