Frequently Asked Questions About Evicting Tenants in New York
The process of evicting a tenant in New York can be complicated in many ways3 min read
The process of evicting a tenant in New York can be complicated in many ways. This quick guide to evicting a tenant in New York features some frequently asked questions and advice on how to go about finding the best solution for your unique situation.
Evictions are a serious matter and should be handled with caution. Before taking any steps to evict a tenant, ensure that you know the law well and understand your rights as a landlord. It's also essential that you seek advice from a competent attorney who is familiar with the laws and regulations of New York regarding evicting a tenant. This guide will provide some basic answers to some of the most commonly asked questions about the eviction process in New York.
What is a Legal Term of Eviction in New York?
In New York, the legal term for evicting a tenant is dispossession. There are two ways that a landlord can legally dispossess a tenant in New York:
• Non-payment of rent—in which case the landlord is free to take the tenant to court for the tenant's failure to pay rent
• Breach of the lease—in which case the landlord can sue the tenant for failing to adhere to the terms of the agreement
What is the Eviction Process in New York?
The eviction process in New York consists of four main steps:
• Serve a written notice—This is the first step in the eviction process. The written notice should state the lease violation that the tenant has committed and the amount of time that the tenant has to remedy the violation (typically 30 or 60 days).
• File a petition with the court—If the tenant does not remedy the lease violation within the time given in the written notice, the landlord can then file a petition with the court in the New York county where the rental property is located.
• Attend the court hearing—At the hearing, the judge will listen to both parties and will make a decision as to whether the tenant must be evicted or not. The judge's decision is final.
• Executing the court order—Once the court order is issued, the tenant must be evicted within a certain amount of time (this varies in each state). The landlord can hire a professional to handle the eviction process.
What Rights Do Tenants Have During the Eviction Process in New York?
Tenants have certain rights during the eviction process in New York, which include:
• The right to be heard in court—The judge must listen to both parties and consider any evidence that supports the tenant's position.
• The right to challenge the eviction—If the tenant believes that the eviction is unjust, they can file an appeal with the court in order to dispute the eviction.
• The right to a fair hearing—The judge must only consider evidence and testimony that is relevant to the case. The judge must also treat both parties with respect and fairness.
How Can a Landlord Find a Quality Attorney for an Eviction in New York?
Finding a good attorney for an eviction in New York can be a difficult and time-consuming process. In this case, seeking the assistance of UpCounsel is an ideal option. With UpCounsel’s large network of experienced lawyers, you can find the one that best fits your needs and budget. The profiles of UpCounsel’s lawyers display their clients’ ratings and reviews of their most recent work, so you can be sure that you are making the right decision.
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