The Eviction Process in New York
With one of the most volatile rental markets in the United States, New York City is a honed for landlord-tenant issues – with evictions being a fairly common issues, relative to other major cities. In NYC, landlords have a right to evict tenants for a variety of different reasons – however, before any eviction can occur, they must first terminate the tenancy. This process occurs when a landlord gives the tenant a written notice, required by both state and city laws. One major issue occurs when landlord fails to adhere to this stipulation, and don’t provide tenants with adequate notice of their impending eviction, or if the tenant does not comply with the eviction (when proper notice is given). According to the top eviction lawyer Queens has to offer, Mr. Rajiv Syed, Esq. New York’s landlord-tenant laws are quite specific in their practices, and it requires a few very specific methods for eviction notices and procedures to occur. To help landlord and tenants better understand their rights during the evictions process, here is some important information to know.
Eviction Notice with Cause
In the event a landlord wants to terminate an individual’s tenancy early, in order to have them move out before the rental term has officially ended – there must be some form of cause. According to the top eviction lawyer Queens has to offer, Rajiv Syed there are a few different forms of cause that can allow for early eviction and termination of a lease agreement. They include non-payment of your rent, or some violation of rules within the lease agreement. In order for the evictions process to begin, the landlord must first provide the tenant with written notice, which will outline the reason for the eviction.
· 3-Day Rent Notice
In the event you are a landlord, and a tenant does not pay rent when it is due, you may give the tenant a three-day notice to pay their rent or forfeit their lease and move out. In the event the tenant doesn’t move out, then the landlord must file an eviction notice with the courts at the end of the three-day period.
However, if a tenant has violated some specific terms of a lease, there are two different types of notice their must provide before they are able to move forward with a long process, ending in eviction.
· Notice to Cure
The notice to cure is the first notice the landlord that must be given by a landlord, informing the tenant that has ten days in order to correct whatever violation they have made in terms of the lease agreement. According to the top eviction lawyer Queens has to offer, Mr. Rajiv Syed, if the tenant corrects the issue then the landlord can no longer take any action against the tenant. However, if they do not, you can proceed with the eviction.
· Notice of Termination
If the tenant does nothing to correct the issue, after the notice to cure was given, the landlord can then send out a notice of termination – informing the tenant that their tenancy is being terminated because they failed to comply with the lease agreement. If the tenant does not move out within 30 days, the landlord can begin the eviction proceedings through the NYS court system.
The landlord can’t evict a tenant without cause. In the event there is not an actual cause you can find, then you, as a landlord, must wait until the lease term ends to ask them to leave. If you are following through with the eviction process, it is important to hire an experienced landlord-tenant attorney like Rajiv Syed. For more information on the evictions contact the Law Offices of Rajiv Syed today.
