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.
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.
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.
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.
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.
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