Are You Facing Eviction in New York City? Our NYC Eviction Lawyers Can Help
If you are facing eviction from your home, you should speak with a lawyer promptly. Landlords must have specific grounds to pursue evictions and comply with stringent rules and requirements. Unfortunately, many landlords do not follow the law. If your landlord is violating your legal rights, our NYC eviction lawyers can help.
When facing eviction as a residential tenant in New York, it is important to seek legal advice. You should not trust your landlord, and you should not make any assumptions about what is or isn’t lawful. As the New York State Department of Homes and Community Renewal (DHCR) explains:
“In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means. Tenants who are at risk of eviction may protect their interests by contacting an attorney in private practice or with . . . legal aid or legal services.”
At Knox Law Group, our NYC eviction lawyers have your best interests in mind. We can help ensure that your landlord does not evict you unlawfully. Additionally, even if you are facing a lawful eviction, you may have a right to “cure” the issue that triggered your eviction notice and stay in your home. Our lawyers can explain everything you need to know, and we can take appropriate legal action (and seek appropriate legal remedies) on your behalf as warranted.
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, landlords must provide written notice, and they must take various formal steps—which include going to court. With this in mind, some examples of potential grounds for residential evictions in New York City include:
- Falling Behind on Rent – Whether you live in a rent-stabilized, rent-controlled or free-market apartment or home, if you fall behind on your rent payments, this can eventually provide your landlord with grounds to file for eviction.
- Holding Over Past Expiration of Your 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. However, landlords are also subject to restrictions regarding non-renewal of expiring leases, and your landlord cannot pursue eviction based on a wrongful termination of your 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, though similar restrictions and requirements apply here. If you are facing eviction based on the damage that your landlord claims you caused to your rental property, we encourage you to contact our NYC eviction lawyers for advice right away.
- Violating the Terms of Your Residential Lease – Subleasing, housing animals, and doing other things that violate the terms of your residential lease can also serve as grounds for eviction—provided that your landlord complies with the law. But, here, too, you have clear legal rights, and you will want to speak with a lawyer promptly to ensure that you preserve every available opportunity to remain in your home.
While these are some of the most common grounds for eviction, if you are facing eviction in New York City, it is critical to make sure you have an accurate understanding of the specific reason (or reasons) why your landlord is trying to force you to leave your home. When you work with our firm, our NYC eviction lawyers will review any notices you have received, examine any court filings, and communicate with your landlord as warranted to ensure we have all the information we need to represent you effectively. Depending on the circumstances, this could involve representing you in court or working with your landlord directly to achieve a resolution that fully protects your rights under your residential lease and New York law.
Restrictions on NYC Residential Landlords’ Right to Evict
As mentioned above, residential landlords’ right to evict is subject to several restrictions under New York law. However, the specific restrictions that apply can vary from one case to the next. With this in mind, some examples of steps that your landlord may need to take before evicting you include:
- Providing a Notice to Cure
- Providing a Notice of Termination
- Seeking approval from the New York DHCR
- Obtaining an eviction order from the appropriate New York City court
- Engaging law enforcement to carry out the eviction
Again, our NYC eviction lawyers can fully assess your situation, and we can determine what options you have available based on the circumstances at hand. Before we take any additional steps on your behalf, we will ensure that you clearly understand all of the options that are available to you, and we will provide any advice you need to feel confident in your decision-making.
You should not let an unlawful eviction upend your life. If you are facing eviction—or if you have concerns about a possible eviction after receiving a notice from your landlord—our NYC eviction lawyers are here to help protect your legal rights. Contact us for a confidential consultation today.
Contact the NYC Eviction Lawyers at Knox Law Group
If you would like to speak with a New York eviction lawyer at Knox Law Group, we strongly encourage you to get in touch. Contact us now to schedule an appointment with one of our NYC eviction lawyers as soon as possible.