The Legal Process for Residential Evictions in NYC

NYC is home to some of the most complicated landlord-tenant legal environments in the country. In some areas of the country, a landlord can have a basic knowledge of the landlord-tenant laws. In Manhattan, however, landlords must take seriously the challenges associated with evicting a residential tenant.

The Knox Law Group advocates on behalf of residential landlords. When a tenant must be evicted efficiently, contact our team of legal professionals today to learn more about your legal options.

What are the Grounds for a Residential Eviction in NYC?

A NYC residential eviction lawyer assists their clients in avoiding the worst of the often time-consuming and complex nature of residential evictions. A mid-lease termination of a lease requires that the eviction be “for cause” if the landlord is seeking the eviction mid-lease. Examples of reasons why a mid-lease eviction may be sought include the failure to pay rent or a breach of the terms of the lease.

With any basis for an eviction, it is critical that a landlord document the steps taken to try to remediate the relationship between tenant and landlord. The terms of the lease agreement will be reviewed in great detail to determine the viability of the eviction lawsuit. Ambiguous terms in the lease or no history of attempting to hold the tenant responsible for the deficient activity, such as if the resident failed to pay rent, can also prohibit the recovery of damages in an eviction lawsuit.

Providing a Tenant with Sufficient Notice in a Residential Eviction

No matter the underlying cause or justification for the eviction, the case must begin with sufficient notice having been provided to the tenant.

When the justification for the eviction is the failure to pay rent, a fourteen (14) day notice to pay or leave the premises must be mailed. This is not a situation where the requirement to send notice to the opposing party is optional. Follow this step or face the consequences of delaying your eviction proceeding.

On the other hand, renters whom you seek eviction regarding a lease violation may be mailed a Notice to Cure. This type of notice allows the renter to make the necessary changes listed in the notice in order to physically remain in the property.

Finally, the landlord must offer a notice of non-renewal in circumstances where a lessee has overstayed the end of their fixed-term lease. Here, the notice period varies widely based on how long the tenant has lived in the property. Sixty (60) days of notice is required when the tenant has resided in the property between one (1) and two (2) years. Ninety (90) days of notice must be provided when the tenant has lived in the property for two (2) years or longer.

In Complex Legal Matters, Turn to the Knox Law Group

If you have gotten to the point where an eviction is unavoidable, please contact the Knox Law Group today. Protect yourself as a landlord and the property owner as well by speaking confidentially with our legal team in a consultation.