Eviction

Changes To Landlord Tenant Laws – New York

Effective June 17, 2019, the following changes will take effect, this is a must read for all. Click on the link below.

Changes To Landlord Tenant Laws – New York

For information on Eviction Services visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

 

Lease Agreement What You Should Know

By: Undisputed Legal/Eviction Service Department

A lease is a contract between a landlord and a tenant, containing the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments which are not rent stabilized may be oral or written. To avoid disputes, the parties 

may wish to enter into a written agreement. A party must sign the lease in order to be bound by its terms. An oral lease for more than one year cannot be legally enforced (General Obligations Law § 5-701). 

What is Government-Financed Housing

By: Undisputed Legal/Eviction Service Department

The Mitchell-Lama housing program provides rental and cooperative housing for middle-income tenants. For both state and city-sponsored Mitchell-Lama developments, tenants must meet eligibility requirements including income, family size and apartment size. Additionally, each development sets its own restrictions. 

Public Housing is a federally funded program in which state chartered authorities develop and manage public housing developments, subject to federal, state, and local laws and regulations. Tenants in public housing are entitled to an administrative grievance process administered by the local housing authority before they may be evicted. 

What is Rent Regulated Housing?

By: Undisputed Legal/Eviction Service Department

Rent Control 

Rent control limits the rent an owner may charge for an apartment and restricts the right of the owner to evict tenants. The rent control program applies to residential buildings constructed before February, 1947 in municipalities that have not declared an end to the postwar rental housing emergency. Rent control is still in effect in New York City and parts of Albany, Erie, Nassau, Rensselaer, Schenectady, and Westchester counties. 

Eviction Process in Connecticut

By: Undisputed Legal/Eviction  Service Department

If your tenant still has not moved after the last day given in the Notice to Quit, you must return to the clerk’s office with the original Notice to Quit, the Process Servers Return of Service, and a completed Summons and Complaint. 

You will need to make 1 (one) original and a copy for each of the tenants/defendants. In addition, you should keep 1 (one) copy of everything for your records. Be sure to indicate in numbers 1 (one) and 3 (three) of either Complaint whether it is an oral or written week-to-week, month-to-month or year’s lease. 

What Landlords Must Know Prior To Filing For Eviction

By: Undisputed Legal/Eviction Service Department

A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unreg- ulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

Unless the tenant vacates the premises by a specified date, the landlord may commence eviction proceedings through: (a) a summary non-pay- ment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal pur- poses, or committing or permitting a nuisance) or stays beyond the lease term without permission (Real Property Actions and Proceedings Law (RPAPL § 711).

 

How To Evict A Month To Month Tenant In New York

By: Undisputed Legal/Eviction Service Department

Renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulation, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent (Real Property Law § 232-c).

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-a and § 232-b).

For information on our Eviction Service visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Notice To Quit In Connecticut

Eviction Process in Connecticut

The first step in the Summary Process (Eviction) procedure is the Notice to Quit Possession. The form you must use for the Notice to Quit, which the court will provide upon request, must be completed with the exact name and address, including the apartment number, floor number or other designation, if any, of each adult tenant you want to evict and must be signed by you as the plaintiff/landlord. There must be an original Notice to Quit Possession and sufficient additional copies for each tenant who lives there. You should also keep 1 (one) copy for your own records.

You must state a reason on the Notice to Quit. The most frequently used reasons for evictions are non-payment of rent and termination of lease by lapse of time. Evictions for other reasons may be more complex.

New York Eviction Laws On Holdover Cases

Holdover Summary Proceeding – generally used to refer to any summary proceeding brought to evict on some basis other than for non-payment. 

Expiration or Termination of Lease – RPAPL §711(1) provides the fundamental authority for a holdover proceeding, and authorizes the maintenance of a summary eviction proceeding against a tenant who “continues in possession … after the expiration of his term without the permission of the landlord”. This applies to the tenant whose lease has expired by operation of law or because the lease has been terminated by operation of a conditional limitation in the lease. The terms of the lease control. The lease cannot be terminated for reasons other than those allowed under the lease (ie. No termination for “objectionable conduct” unless there is a provision in the lease authorizing such termination. See Perrotta, 98 AD2d 1, 469 NYS2d 504; Levesque, 106 Misc2d 432, 430 NYS2d 482). 

Rent / Use and Occupancy – Petitioner may seek rent for a period prior to the end of the tenancy and U&O for the period respondent “holds over”. The amount of U&O is set by the Court, but is generally set at the amount of the rent. 

New York Eviction Laws on Non Payment Cases

Three Day Notice – RPAPL 711(2) requires petitioner to make a demand for rent prior to commencement of the eviction proceeding. The demand can be oral or written. If written, it must provide respondent with 3 days to pay the rent. The 3 day Notice must be served on the respondent and filed with the Court. The 3-day notice must state the amount of rent due and the period of time covered by that amount, together with a demand that the total amount be paid within 3 business days after service of the notice or tenant must give up possession. The date of service is excluded, as are Saturdays, Sundays and holidays.

Petition must seek rent and not other charges – While petitioner can seek attorney’s fees (if agreed to in the lease) and Court costs, generally, respondent cannot be evicted for the failure to pay these costs, especially in a rent-regulated situation.