In the State of New York, there are specific rules and procedures for evictions. This includes specific timeframes for evictions that depend on the reason the tenant is being evicted.
For example, if a New York tenant is being evicted for non-payment of rent, their landlord has to provide a 14-day notice to pay the rent or vacate the premises. If the tenant is being evicted for a lease violation, a 10-day notice to cure is typically required.
If the landlord is terminating the tenant’s lease, they are typically required to provide between 30 days and 90 days notice, depending on the lease terms. If the tenant does not comply within the time frame specified for their eviction, the landlord can begin legal proceedings.
To find out more about the rules for eviction notices in the State of New York, an individual should have a legal consultation with a New York lawyer.
What Is the Process for Eviction?
The process for an eviction in New York has several steps that must be completed. When eviction proceedings are initiated, it does not mean that the tenant is immediately removed from their unit or that an occupant is immediately removed from a commercial rental unit.
Each step in the process of an eviction takes time to complete. A tenant can remain in their unit, whether commercial or residential, until a writ of possession is issued.
In general, the steps in the eviction process will include:
- Written notice
- Filing a petition in Housing Court and service
- Hearing
- Judgment and warrant
- Eviction
Written notice
Unless a tenant’s lease agreement provides a different notice period, a landlord will be required to provide notice to vacate and give the tenant a certain amount of time to vacate, as noted above, often a 14-day or 10-day notice. A landlord will not be able to file a lawsuit until this notice is provided in writing.
Under federal law, landlords must provide tenants with a 30-day notice in certain types of evictions. There may also be other types of notice available to New York landlords.
Filing a petition in Housing Court and service
If the provided notice to vacate does not cause the tenant to vacate the rental, the landlord can file a petition in Housing Court. This petition has to be served on the tenant as well as a Notice of Petition.
The tenant will have the right to contest the eviction in a court of law. If a landlord or a tenant has any questions about evictions in New York, lawyers that deal with evictions can explain the process and help their client until it is completed.
Hearing
A New York tenant has a right to respond to the eviction petition and present a defense in court. A hearing will be scheduled where both the landlord and the tenant will be able to present their arguments.
The court will then review the evidence that is presented and make a decision in the case.
Judgment and warrant
If the court rules in favor of the landlord, it will grant a judgment of possession. This is the final step in the New York eviction process.
It allows the landlord to proceed with the eviction. A warrant of eviction will then be issued by the court.
Eviction
Once a warrant of eviction is issued by a court, a law enforcement official will serve the tenant with the eviction papers. The eviction notice will inform the tenant that they have to vacate the unit within the amount of time specified in the notice.
If the tenant does not vacate the unit within the period listed, they can be removed from the premises by a law enforcement officer.
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What Constitutes an Illegal Eviction in New York?
Just cause eviction laws protect tenants from improper evictions. In the State of New York, an unlawful eviction, or illegal eviction, is when a landlord tries to evict a tenant without following the proper legal steps, which includes getting a court order.
Examples of ways landlords may try to illegally evict tenants in New York may include, but may not be limited to:
- Threatening or using force, including intimidating the tenant into leaving or physically removing the tenant or their belongings
- Cutting off the tenant’s residential services, such as their electricity, water, or heat
- Changing the locks on the unit without giving the tenant a key or providing a court order
- Removing the tenant’s belongings from the unit
- Removing the door from the unit
- Intimidating or harassing the tenant, such as calling repeatedly, knocking loudly on doors, or yelling to force the tenant to leave
- Reporting the tenant as a squatter when they are not, or misrepresenting them as an illegal occupant of the unit to law enforcement
How Long Does It Take To Evict a Tenant in New York?
In the State of New York, the process of eviction may take anywhere from a few weeks to several months. How long it takes to evict a tenant will depend on several different factors, such as the type of eviction, the response of the tenant, and the schedule of the court.
What Are a Tenant’s Rights During an Eviction?
During an eviction, there are some basic tenant rights. For example, the tenant has the right to receive legal notice of the eviction.
A tenant can also challenge a rent increase if they are being evicted for nonpayment of rent. A tenant facing an eviction in Housing Court has the right to free legal representation.
Tenants also have the right to fight an eviction by filing an answer to the lawsuit and presenting arguments against the eviction at a court hearing. If the tenant thinks the court made a mistake, they can appeal the decision.
What Are Some Other Tips for Tenants When Facing Eviction?
One of the most important things a tenant who is facing an eviction can do is to seek legal assistance from a New York eviction attorney. A tenant may be able to apply for assistance through the Emergency Rental Assistance Program (ERAP) for help with back rent, moving expenses, and security deposits.
Applying for this type of assistance may delay the eviction process while the application is being processed. It is essential for a tenant to attend any of their court dates and to follow instructions provided by the court.
If a tenant does miss a court date, it can result in a default judgment against the tenant, which can mean the eviction is automatically granted. After the tenant attends their first court date, they can request 14 days to find a lawyer, negotiate with their landlord, or prepare their answer to the eviction.
How Can I Stop an Eviction?
A New York tenant may be able to stop an eviction by filing an answer, appearing in court, and presenting a defense to the eviction. They will need to present evidence supporting their defenses and claims.
Lawyers who deal with evictions are best equipped to stop evictions on behalf of their clients.
Can a Landlord Throw Away My Belongings?
No, a landlord cannot throw away a New York tenant’s belongings. However, if the tenant does not get their belongings or pay storage fees after the eviction process is complete, a landlord can dispose of their property.
Are There Any Defenses Against Eviction?
Yes, there are several defenses that may be available against evictions, including failure to provide notice or follow other required procedures under New York laws. An eviction lawyer can analyze an individual’s eviction situation and determine what defenses are available.
Do I Need a Lawyer for an Eviction Claim?
A New York landlord tenant lawyer can help both landlords and tenants with any issues or questions they have related to an eviction.
LegalMatch’s free attorney matching services can help you find a New York eviction lawyer who can help you, whether you are merely seeking advice or are already involved in the eviction process.
