NYC Eviction Lawyers Discuss Residential Evictions

Evicting a tenant in New York can be a complex and time-consuming process, especially given the state’s strong tenant protections. As a landlord, navigating these legal requirements correctly is crucial to avoiding unnecessary delays, costly mistakes, or even legal penalties. Whether you are dealing with a tenant who has failed to pay rent, violated lease terms, or overstayed their agreement, understanding the proper eviction procedures is key to protecting your property and financial interests. New York law strictly regulates how and when landlords can remove tenants, prohibiting self-help measures such as lockouts or utility shutoffs. Instead, landlords must follow a precise legal process, including serving proper notices, filing court documents, and obtaining a formal eviction order. With the right approach and legal guidance, you can efficiently regain possession of the rental units while remaining in full compliance with the law. Having NYC eviction lawyers on your side only improves your chances of a successful outcome.

Potential Grounds for Eviction in New York City

Under New York law, landlords can evict residential tenants on various grounds. However, before evicting their tenants, you must provide written notice. Some examples of potential grounds for residential evictions in New York City include:

• Falling Behind on Rent – Keeping up with the rent is a basic tenant obligation, and failing to do so is the most common ground for eviction.
• Holding Over Past Expiration of a Lease – Holding over past the expiration of your lease or failing to vacate the premises can also provide grounds for eviction under New York law. This occurs when tenants fail to vacate at the end of the lease.
• Creating a Nuisance for Other Tenants – Creating a nuisance for other tenants can also provide grounds for eviction in some cases. To warrant eviction, a nuisance must interfere with the comfort and safety of other tenants, and before initiating eviction proceedings, the landlord must provide both a timely Notice to Cure and a timely Notice of Termination.
• Causing Damage to the Leased Premises – Significant damage to the leased premises can also justify eviction proceedings.
• Violating the Terms of a Residential Lease – Subleasing, housing animals, and doing other things that violate the terms of your residential lease can also serve as grounds for eviction. However, these issues can be more subjective compared to the tenant no longer paying rent.

While these are some of the most common grounds for eviction, if you are a landlord in New York City, it is critical to ensure you have an accurate understanding of all potential grounds for terminating a lease. When you work with our firm, our NYC eviction lawyers can guide you every step of the way.

The Eviction Process in New York

Evicting a tenant in New York requires strict adherence to legal procedures, and our eviction lawyers can help. Landlords must follow a series of steps, beginning with proper notice and ending with a court-ordered eviction. Any misstep can result in delays, dismissal of the case, or even legal penalties.

Serving Proper Notices

Before filing for eviction, landlords must serve tenants with the appropriate notice, which varies depending on the reason for eviction. For nonpayment of rent, landlords must issue a 14-day demand for rent, informing the tenant that they have two weeks to pay or face legal action. If the tenant fails to pay within this period, the landlord may proceed with eviction filings.

For lease violations, such as unauthorized occupants, illegal activity, or property damage, landlords must first serve a 10-day notice to cure, giving the tenant a chance to correct the issue. If the violation is not remedied within this period, the landlord must then serve a termination notice, usually giving the tenant 30 days to vacate.

For holdover tenants, those who remain after their lease has expired or who have no lease, landlords must provide a termination notice based on the length of the tenant’s occupancy. Tenants who have lived in the unit for less than a year receive a 30-day notice, those who have occupied the unit for one to two years receive a 60-day notice, and those with more than two years of occupancy require a 90-day notice before eviction proceedings can begin.

Filing an Eviction Case

If the tenant does not comply with the notice, the next step is filing an eviction case, formally known as a summary proceeding, in the appropriate Housing Court. This involves submitting a petition and notice of petition, which outline the landlord’s claims and set a court date for the eviction hearing. Once filed, these documents must be properly served on the tenant.

Court Proceedings and Tenant Defenses

At the eviction hearing, both the landlord and tenant present their case before a judge. If the tenant does not appear, the judge may grant a default judgment in the landlord’s favor. However, if the tenant contests the eviction, they may raise legal defenses that could delay or complicate the process.

Obtaining and Executing a Warrant of Eviction

Once a judgment of possession is granted, the landlord must request a warrant of eviction, which authorizes a city marshal or sheriff to remove the tenant. The warrant is typically issued a few days after the court ruling, but the actual eviction cannot take place immediately.

Before executing the warrant, the tenant must receive a 72-hour notice of eviction, informing them of the exact date and time they must vacate. If the tenant does not leave voluntarily, the marshal or sheriff will evict the tenant and their belongings from the premises.

Get the Help You Need from NYC Eviction Lawyers at Knox Law Group

Many things can go wrong when it comes to evicting a residential tenant, and even one mistake can be costly. The best way to protect yourself is to rely on the experience and skill of an attorney who understands New York City residential evictions. Call NYC eviction lawyers from Knox Law Group today for a private consultation.