New York Eviction Laws
The New York eviction process has two types of cases that landlords may bring against tenants. One is for the most common type of eviction, which is nonpayment of rent; and the other is for all other eviction reasons, such as holdovers or for violating a provision of the lease.
Tenant Self Evictions
It is illegal to self-evict or for a landlord to forcibly evict a tenant. Many of these measures can be subtle such as blocking access to the tenant’s reserved parking spot, raising the rent in violation of the lease or by removing the tenant’s personal belongings. More obvious examples are threats of force, locking out a tenant or shutting off utilities. A tenant should contact local law enforcement if any of these actions occur.
A landlord who is found in violation of the New York’s lockout law may be liable for three times the damages suffered by the tenant.
3-Day Eviction Notice
The first kind of New York Eviction Notice is called a “Demand for Rent.” A 3-Day Demand for Rent is required under the New York eviction process in cases of nonpayment of rent. The notice must state the amount of rent owed and that the landlord will file a Petition for Eviction if the rent is not paid within the 3-day period. The notice can be stopped if the situation is remedied by the tenant.
30-Day Eviction Notice
A 30-day New York eviction notice must be served for all other evictions, including violations of the lease. The 30-days must be one full rental term, meaning the notice needs to be served before the first of the month.
A landlord does not have to allow the tenant to comply with the lease provision that has been violated, but the violation must have been substantial.
Petition and Notice of Petition
The next step in the New York eviction process if the tenant fails to leave, pay the overdue rent or comply with the lease provision allegedly violated, is for the landlord to file a Petition from the Housing section of the civil court for the jurisdiction where the property is located. The Petition sets forth the reason for the eviction and the Notice of Petition that is issued by the clerk has the date, time and location of the hearing.
For more information about New York eviction law please visit:
Use Houserie for all your tenant screening needs!
Houserie's online tenant screening process offers you everything you need to complete tenant background checks on prospective renters. With our Pay-As- You-Go-System, there's no set-up fee and no monthly membership. Simply choose the tenant screening package that meets your specific needs, our fully automated system will do the rest.
|SCREENING PACKAGES AVAILABLE||Basic $19.95||Premier $24.95||Ultimate $29.95|
Social Security Number Trace
National Criminal and Sex offender Search
National Eviction Search
Quick Tenant Credit Score Card
The information contained in this site is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site, even though we have made every attempt to ensure that the information in this site has been obtained from reliable sources. Accordingly, the information on this site is provided "as is," with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, with the understanding that the authors and publishers are not herein engaged in rendering legal advice and services. As such, it should not be used as a substitute for consultation with an attorney. Use of and access to this Web site or any of the e-mail links contained within the site do not create any attorney-client relationship between any employees of Houserie and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of Houserie or any individual employee. Before making any decision or taking any action, you should consult an attorney.