What Is The Eviction Process in NY?
If you fear being evicted in the near future or you want to evict someone and are wondering what is the eviction process in NY, then you are in the right place.
Let’s start by explaining what eviction is and why a tenant might be evicted.
Eviction is a process through which a landlord can legally ask a tenant to vacate a rental property. Once asked to leave but the tenant fails to do so within the given time, the landlord can enforce eviction with the help of law enforcement officers.
But forced eviction and termination of lease agreement needs to be backed by a formal court order.
It’s also important to remember that an eviction process cannot be executed instantaneously; rather it has a number of formalities that need to be fulfilled. This is why the NYC eviction process timeline may vary depending on the initial lease agreement.
How Long Does it Take to Get Evicted in NYC?
A landlord can ask a tenant to leave a property for a number of reasons, but this process starts by the termination of the tenancy agreement.
This is done when a tenant is served with a written notice and if they are unable to comply with the notice, the landlord can file an eviction lawsuit. However, the length of this process may differ as per the given scenario, and each situation typically requires different types of paperwork to be filed.
Eviction With A Probable Cause
If landlords want tenants to vacate the property before the lease expires, they need to justify it with a probable cause such as:
- Rent is not paid on time
- Illegal or unlawful activity is being carried out on the property
- The tenant keeps pets or has other people staying over that is not allowed as per the lease agreement, etc.
If such is the case, then a tenant can be served with the following notice:
14-Day Notice To Pay Up Or Quit
If a tenant has failed to pay rent on time, the landlord has an option to send a written notice that gives them 14 days to pay the dues or leave the property.
The landlord can file an eviction notice in court if the tenant fails to comply with the terms and conditions.
Notice To Cure Followed By Notice To Terminate
If a tenant fails to adhere to a lease’s terms and conditions, they can be first sent a written notice to cure; this requires the renter to get the violation handled or fixed within 10 days.
But if they still fail to comply, then they can be sent a notice of termination – according to this, the tenant is given 30 days to vacate the property because the highlighted violations were not fixed.
If the tenant still remains on the property post 30 days, then a legal case for eviction can be filed in the court.
Eviction Without A Cause
New York has strict laws in place to protect the rights of tenants – and this is why a landlord cannot remove a tenant without a valid reason.
But if they still need to do so, then they are required by law to wait until the lease ends before they can ask the occupant to move – for this, they are required to give written notice in advance.
Monthly Rental Agreement
If a renter has a monthly rental agreement, then the landlord must give the following notice as per how long the tenant has been an occupant:
- A tenant occupying for a year must be given a 30-day notice
- A tenant occupying for two years must be given a 60-day notice
- A tenant occupying for more than two years must be given a 90-day notice
Yearly Rental Agreements
If a fixed lease is in place for 6 months or a year, then property owners have to wait before the renter leaves the unit. They need to inform the renter only if the lease agreement specifies they have to, otherwise the tenant is required to vacate the property once the lease expires.
So, how long does it take to get evicted in NYC? All in all, there are many laws in place that protect tenants as well as landowners so the answer will vary from situation to situation.
If you are not well-versed with all the regulatory requirements, it can be quite overwhelming. And this is exactly why you should consider hiring a credible and highly regarded New York eviction moving company like Bennett Movers.
With close to three decades of experience, we’ve helped thousands in eviction moving and are able to provide assistance to anyone in the greater New York City area and northern New Jersey. Contact us today!