Need To Evict Someone? What To Do (Or Not Do) In New York

Being a landlord is a great way to build valuable assets and receive largely passive income each month. But it comes with the headaches that can happen when dealing with tenants. Perhaps the most contentious of these is having to evict a tenant. What can and can't you do as a landlord? What process must you follow in New York? And why should you get legal help with your evictions? Here are answers to your questions. 

What Can and Can't Landlords Do?

Unfortunately, tenants have a range of protections against eviction which slow down the process and put burdens on the landlord. New York is one of many states which often feel more biased toward renters than toward landlords. Therefore, you must follow the legal process to be successful.

This usually starts with documenting your efforts to find solutions to tenant problems, including late payments. You must send specific notices with specific time frames. However, you cannot act in haste or emotionally even when your property is at risk. Landlords are generally barred from changing the locks, removing a tenant's belongings, refusing to accept rent, or turning off the utilities. 

What Is the Eviction Process?

New York outlines a series of official, confirmed notices which must be given to renters based on the nature of the dispute. If a tenant hasn't paid rent, the landlord must generally send a nonpayment notice 5 days after it's due. This is often accompanied by a more serious notice giving the tenant 14 days to pay the total due or quit the premises. Only then can action begin. 

What if the tenant is damaging the property or otherwise violating the lease? The set of notices is different. A notice to cure stipulates the violation and provides a time limit in which to fix the problem or stop (cure) the violation. You must usually wait out this period, even if you know there is damage being done to the property. If the deadline to cure the violation passes, the landlord issues a notice of termination. 

Even when you are terminating or not renewing a lease, you must provide adequate written notice. However, there is no one single time frame for such notice. In New York, the amount of time given to the renter depends on how long they've leased from you. 

Can You Skip the Notices?

In general, landlords need to be prepared to wait out the required notice periods. However, there are a few exceptions. The most common is when the tenant is engaging in illegal activity. This includes prostitution, illegal drug activities, and violence against others (both neighbors and persons within the home). In these cases, you should consult immediately with an attorney to determine if you can skip straight to the later steps of eviction. 

Why Follow The Rules?

As mentioned, New York landlords should always adhere to the eviction rules as closely as possible. Yes, they can seem onerous and frustrating. But following them is the best way to prove your case in court and win the eviction order from a judge. Failure to provide any single notice, to make reasonable accommodations, or to provide a habitable home will provide solid defenses for your tenants against you in court. 

Where Should You Start?

Before taking any eviction actions, begin by learning more about your rights and responsibilities as a New York property owner. Meet with the Law Office of Steven Kurlander. We'll work with you to identify the necessary steps in your case, provide helpful legal guidance during the eviction, and prove your case in court. Call today to learn what the next, best step is.