A Guide to the Eviction Process in New York

Key Takeaways

• New York landlords must follow a detailed, legally mandated eviction process. Any form of “self-help” eviction is strictly illegal and can result in serious penalties, including lawsuits and fines.
• Different eviction notices apply depending on the situation such as a 14-day notice to pay or quit for unpaid rent or a 10-day notice to cure for fixable lease violations.
• Tenants can challenge evictions if the landlord used the wrong notice, followed incorrect procedures, or attempted illegal eviction methods. A court must issue a Warrant of Eviction before the tenant can be legally removed.

To evict a resident from your New York rental property, landlords must follow strict legal requirements. This will ensure that you successfully remove the difficult resident without delays or outright dismissal.

And please note that illegal eviction is punishable should the resident file a successful lawsuit in court. Some of the strictly prohibited illegal eviction methods in New York include:

• Using “self-help” evictions. These can include changing locks, shutting off utilities, padlocking the doors, and removing the residents’ belongings.
• Retaliatory evictions. It’s illegal to evict a resident after they exercise a legally protected right. For example, trying to evict the resident immediately after they join a tenants’ union.
• Discriminatory evictions. Federal, state, and local laws prohibit discriminatory actions against residents based on certain fair-housing protected classes. Such classes include: race, color, religion, nationality, sexual orientation, marital status, and age.

If you engage in any of these illegal eviction methods, you may suffer harsh penalties including hefty civil, court, and attorney fees, among others.

As a New York landlord, the only way to successfully evict a resident from premises is by following the statewide eviction process. Here’s a basic overview by Keyrenter Eastern Long Island to follow to ensure you’re compliant with landlord-tenant law if eviction becomes necessary.

A Guide to the Eviction Process in New York

The following are the steps you must take in your quest to get rid of a difficult resident from your NY house.

Legitimate Reason

You require a legitimate reason for wanting to remove the resident from your NY property. Common grounds for resident eviction include:

• Failure by the resident to pay rent.
• Failure of the resident to move out after their lease is over.
• Committing a lease violation.
• Engaging in illegal activity.

If any of these actions occur you may proceed to the next step: serve the resident with a notice.

Eviction Notice

There are different eviction notices a landlord can use in New York. You must choose the appropriate one based on the violation the resident has committed. They are as follows:

• 14-Day Notice to Pay or Quit – This is for residents who fail to pay rent on time. This notice grants them 14 days to pay the entire balance or vacate the premises. Please note, however, that there is a statutory grace period of 5 days in New York. As such, rent becomes late on the 6th day, unless the lease provides for a longer grace period.
• 10-Day Notice to Cure – This is for curable lease violations. These include: not keeping the unit clean and sanitary, keeping unauthorized pets, or making minor lease violations. After you serve the resident with the notice, they will need to fix the noted issues within 10 days or move out. If they fail to do so, you can serve them a 30-Day Notice to Quit.
• 30-Day Notice to Quit – This is for residents who fail to fix curable violations within 10 days and don’t move out. This is the second and final notice, and the resident must move out within 30 days. If they do not, you can file a lawsuit with the court.

You must use the right methods when delivering eviction notices to residents. Below are the options you have in this regard:

• Hand the notice directly to the resident in person. You must do this during normal business days.
• Leave it with someone who lives or works in the rental unit and mail another to the resident via first-class mail and certified mail.
• Post a copy in a conspicuous area on the property, like on the front door. You must also mail another to the resident’s address via certified or first-class mail.

Tenant Eviction Defenses

Residents in New York can contest their removal from rented premises. The following are the legitimate reasons they can give in court.

• The resident didn’t commit the violation you’re alleging.
• The resident fixed the violation within the stipulated notice period.
• The eviction didn’t follow the right procedure.
• There were some errors in the eviction notice.
• You tried to evict the resident using illegal means, such as locking them out.

If the resident gives any of the reasons above, the process will stop. You’ll then need to restart the process if you used the wrong procedure or the notice had significant errors. In some cases, you may risk a lawsuit, especially if you tried to use illegal methods.

Court Hearing

If the ruling is in your favor, the court will issue a Warrant of Eviction. This will give the resident 14 days to move out or risk forcible removal by a sheriff.

But in very limited circumstances, the court can grant a stay of execution. For example, if the resident is seriously ill.

Conclusion

This is the basic overview of the process landlords in New York must follow to remove a resident. Using any other means can (and usually does) backfire! If you have questions or need expert help in this regard, please seek professional help.

Keyrenter Eastern Long Island provides comprehensive management solutions for stress-free ownership and maximized returns. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.