How to Navigate the Eviction Process in New York City

Written by: Undisputed Legal Inc.

This article will provide guidance on How to Navigate the Eviction Process in New York City: Understanding Legal Notices, Procedures, and the Role of Process Service Agencies. To begin the eviction process, landlords are required to provide tenants with written notice of termination. Different types of notice may be necessary depending on the circumstances surrounding the eviction and the laws in effect. A private process service agency like Undisputed Legal can be invaluable in ensuring that your papers are easily delivered, no matter when your documents have to be served. Click here for information on How To Evict a Tenant in New York: A Step by Step Guide

Eviction Process New York

In New York City, landlords cannot initiate an eviction independently. Independent evictions by landlords are unlawful. Taking drastic action on your own might result in hefty penalties. Only after a summary eviction procedure can the sheriff lawfully remove occupants from the property, or may the eviction process continue. There is a specific procedure that landlords in New York City must follow to evict a tenant. A landlord can give a renter fourteen days’ notice to pay rent or vacate the property if the tenant is more than one month late with rent payments. The renter has fourteen days from this notice to pay the entire rent or depart the premises. Landlords can initiate a summary nonpayment procedure in court if tenants do not comply with the notification. The notice of eviction becomes the document on which further legal proceedings hinge. Consequently, a private process service agency like Undisputed Legal upon which you can place your trust becomes of vital importance. Click Here for Frequently Asked Questions About Process Servers!

What starts an eviction

Landlords have the right to start summary holdover eviction proceedings if tenants do not evacuate the property by the due date and do not comply with the termination notice. The first step is to go to the courthouse at the property’s location and file a petition. This also includes the Notice of Petition. Tenants can contest the summary holdover by pointing out landlord procedural errors, such as incorrect notification or serving the wrong parties. Consequently, one of the most critical steps in ensuring an eviction is the service of your notice. Click here for information on How To Identify A Good Process Service Agency

A private process service agency like Undisputed Legal can help you serve papers carefully and according to your specifications. It should be known that tenants can contest the claims made in the notice of termination and pursue legal action if necessary. We at Undisputed Legal can ensure your case is smooth and without hiccups by providing fast and efficient service. Click here for information on How Rush Process Service Can Expedite Your Case.

Is a Just Cause Eviction Possible in New York?

New York City landlords often need a good cause to end a tenant’s lease. Waiting until the lease ends is the proper procedure for landlords who do not have a good reason to evict a tenant. Based on the tenant’s occupancy length, landlords are obligated to provide them with a notice of non-renewal after the lease agreement expires. Click here for information on How Service of Process Ensures A Solid Foundation.

A tenant’s belongings may remain in the rental unit after departing. Even if New York has no rules on what to do with abandoned property, landlords still cannot just throw out the tenant’s stuff. When a tenant abandons their property, a landlord will still be responsible for providing the tenant with some notice. Any property not claimed by the tenant within a reasonable period may be sold or otherwise disposed of by the landlord. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

When initiating eviction proceedings, landlords in New York must follow all laws and regulations. To avoid having eviction suits dismissed and paying more for legal representation, it is essential to adhere strictly to these standards. A private process service agency like Undisputed Legal can help serve your papers appropriately within the requirements of the jurisdiction.

So, When Can an Eviction take Place?

Tenants in New York City often face eviction proceedings when they break the terms of their lease. Some examples of such violations include keeping pets in a flat that does not allow them, illegally subletting the property, and doing extensive damage to the rental property. Such infractions go against the mutually agreed-upon conditions between the landlord and renter. But still, can a landlord merely evict the tenant without informing them? Click here for information on How To Overcome Language Barriers in Process Service

No. A Notice to Cure is the legal document that should be served to a tenant in these cases. The best way for landlords to safeguard their property and have a leg up in court in case of a violation-based eviction is to have well-written, thorough, and legally binding lease agreements. On the other side, renters must fully grasp their agreement to prevent unforeseen violations. Between landlord and tenant, a private process service agency can be beneficial to facilitate communication and prevent your case from being thrown out for incorrect service requirements. Click here for information on How Timelines Are Important in Process Serving.

It should be known that using rented property for unlawful purposes is a significant violation. This may include a wide range of illicit operations, including producing and distributing drugs. The landlord must use extreme care in any situation where they suspect unlawful behavior, following New York City’s eviction rules and ensuring that any action taken against the renter is lawfully warranted. Landlords have the right to send tenants with written termination notices after delivering a Notice to Cure. This is done if the tenant fails to rectify the lease violation or if the problem is incurable. A precise date is included in the notification to tell the renter that their lease agreement has ended. Usually, the landlord will offer the renter seven days’ notice to leave the property.

The landlord must provide the tenant a Notice to Cure if the tenant breaches any lease clause. Ten days from the date of notification, the tenant has to fix the lease breach. New York City Housing Law mandates a minimum cure time of ten days, and a private process service agency like Undisputed Legal will deliver the document before this deadline. After the allotted cure time has passed and the tenant has not complied, the landlord may issue a Notice of Termination.

Understanding a Holdover Proceeding

If tenants breach their lease, the owner may initiate a summary procedure to seize the flat. If the lease specifies that a tenant may be terminated for ‘nuisance’ behavior, the owner can initiate eviction procedures in response to offensive behavior. As a general rule, ‘nuisance’ behavior is defined as that which is both ongoing and highly harmful to the well-being of the tenants in the immediate vicinity. To initiate the eviction process, owners must present proof that the tenant’s actions meet this requirement. Before the process begins, the landlord must give the tenant a preliminary notice to terminate the lease. In addition to the reasons listed above, the owner may initiate holdover proceedings in case of an illegal sublet, non-primary residence, unlawful use, or the expiration of the lease in cases where no renewal is required by law.

Seniors who have received a Notice of Eviction or a written notice from their landlord can get eviction prevention assistance and legal referrals. Summary eviction proceedings in New York are governed by Article 7 of the Real Property Actions and Proceedings Law (RPAPL). The only lawful way to evict a tenant for nonpayment of rent is through a summary proceeding that contains the appropriate cause of action. Before commencing a nonpayment eviction case in court, a landlord must serve a written fourteen-day rent demand. Since the HSTPA was enacted, landlords can no longer use a three-day notice of unpaid rent or an oral rent demand.

What is the earliest date on which the fourteen-day notice can be served? Under the statutory language, a tenant must be in default when the notice is served. If rent is due on the first of the month, the notice may not be served because the tenant is not in default until after the first.

The notice of petition and petition must be served before the time at which the petition is noticed to be heard. The tenant can answer at the time of the hearing or before but may not be required to respond before the hearing. The tenant may also make motions (for dismissal, summary judgment, etc.) at the time of the hearing or before. If a written motion is filed before the hearing, the motion must be set for hearing at the same time as the petition. Since eviction documents depend on a strict deadline, a private process service agency like Undisputed Legal can ensure your papers are delivered on time.

Warnings Before Eviction

Providing formal notice to the tenant is the first stage in eviction procedures. Different types of notice are required for other grounds for eviction. In the event of a lease breach, a Notice to Quit would be given; in the event of nonpayment of rent, a Demand for Rent would be employed. The renter must be given a precise date to either fix the problem or vacate the property, and this notice must be served correctly. It should be known that every single legal document should be served appropriately. A private process service agency like Undisputed Legal can ensure that your documents are served regardless of the number of papers you must serve on different timelines. An eviction action might be rejected if the landlord does not follow tight standards for giving appropriate notice. To be sure you’re following the law, it’s a good idea to use legal templates or get advice from an expert like the private process servers at Undisputed Legal.

Renters in New York City have an absolute right to be notified before the eviction procedure starts. This rules out the possibility of landlords evicting tenants without giving them enough notice. The grounds for eviction dictate the specific notifications and deadlines that must be met. Tenants who are about to be evicted due to nonpayment of rent, for example, are required to be given a fourteen-day notice, during which they can either pay the rent or evacuate the premises. Tenants have the chance to resolve the problem and prevent eviction during this notice period.

If the tenant does not comply with the landlord’s Notice to Cure, the landlord has the right to serve the tenant with a Notice of Termination. The tenant will be notified of the tenancy being terminated due to the tenant’s failure to rectify the lease breach. The tenant will be given thirty days to vacate the rented unit. The landlord can initiate eviction procedures via the court system if the tenant refuses to vacate the property. Without just reason, a landlord cannot terminate a lease. Before requesting or expecting a tenant to vacate, a landlord must wait for the lease or rental term to expire without a valid reason. However, landlords are still obligated to provide tenants with notice should they decide not to renew their lease.

Service of papers in an Eviction

An officer from the court will personally give the tenant a copy and notice of the petition. If the renter cannot accept the papers, they might be given to an adult residing with them. This is known as Substitute Service. A process server like those at Undisputed Legal will ensure that a duplicate of the papers is left in a safe and easily noticeable location near the property door. The extra duty of sending the papers by first-class mail and registered/certified mail falls on the server when the Substituted Service or Posting method is used. It should be known that we at Undisputed Legal make sure that your service is adequate. Nail-and-mail service is not a typical option, and we utilize due diligence to serve papers at defendants’ workplaces or even via publication.

It is improper for landlords to deliver the paperwork to their tenants personally. Someone not engaged in the case must be asked to do it on their behalf, like the servers at Undisputed Legal. The individual designated to deliver the legal notices to the renter must adhere to specific protocols. The individual cannot be a landlord representative more than five times a year. Anyone associated with the matter must step aside. Before the hearing, the tenant gets ten to seventeen days to be ready.

The renter must respond within ten days if the matter pertains to the nonpayment of rent. The court will set a hearing for three to eight days after receiving the tenant’s response. If you do not reply within the specified time frame, the landlord may be able to win the lawsuit. However, the eviction procedure is halted if the renter fully settles their account before the hearing.

A Writ of Execution is granted within a few hours to a few days after the hearing, assuming the tenant does not choose the lengthy and intricate procedure of appealing for reconsideration in New York. The Writ of Execution gives the renter a maximum of fourteen days to evacuate the property, assuming there are no challenges for reconsideration.

Proceedings in Court

Landlords can initiate eviction proceedings in housing court if tenants fail to comply with the pre-eviction notice. The next step is for the court to hold a series of hearings during which the sides may argue their cases.

The court will examine the evidence and legal papers, including the lease agreement, records of payments, and any correspondence between the landlord and renter. Landlords must maintain exact records since the result highly depends on compliance with New York City eviction rules.

Remember that eviction regulations and procedures may vary based on factors, including whether the rental property is rent-regulated and is situated within or outside of New York City. Our Undisputed Legal private process servers are up-to-date on eviction laws in and out of New York City. The issuance of a Notice to Vacate often occurs between fourteen and ninety days after the grounds for eviction and the lease agreement. Landlords must provide the renter a notice to comply before they can file for a judicial eviction. The tenant should receive a duplicate of the Petition and Notice of Petition.

The tenant will be physically evicted if the landlord is granted a judicial ruling in their favor. No private citizen, not even the landlord, can do this; only an authorized law enforcement official can. This is an essential step in the process to follow so that the eviction may be carried out lawfully and securely, protecting the tenant’s rights and avoiding any further legal issues.

A livable house is a fundamental right of tenants protected by New York City eviction rules. Therefore, landlords must ensure their rental premises comply with specific maintenance, health, and safety regulations. The property must meet specific criteria to be considered habitable, such as having an adequate supply of heat and water, being free of pests, and being structurally sound. When these requirements are violated, tenants have the right to demand repairs and, in some situations, even to withhold rent until the repairs are performed.

Keep your records

Maintaining meticulous records to provide evidence to the judge if the tenant contests the eviction and responds to the court is essential. If there is a disagreement, evidence may determine the success or failure of your overall eviction request.

It is crucial to indicate all messages—whether automatic or manual—if the renter was issued payment reminders by text, email, or mail. Even while it’s typically not necessary, having proof that the landlord informed the renter might be helpful. For this reason, it is highly recommended that all communications be documented in writing rather than being conducted over the telephone or in person.

How have Evictions Changed After the COVID-19 Moratorium

The New York State Eviction Moratorium expired on January 15, 2022. Further, New York’s Housing Stability and Tenant Protection Act (HSTPA) of 2019 dramatically changed the eviction process months before the pandemic hit. As such, it is essential to know the status of evictions in the jurisdiction. It is against the law to engage in a lockout, sometimes called unlawful or self-help eviction. It is the right of every renter, even those in private residential programs, to remain in their house until they voluntarily vacate or are forcibly removed from it by the court.

A nonpayment eviction proceeding in Housing Court is the sole authorized means of removing a tenant who has failed to pay rent. Tenants have a right to know when their rent is overdue, how much it is, and that eviction is imminent if payment is not made. The owner has the right to initiate a nonpayment proceeding in Housing Court and serve the tenant with papers three days following the notice or oral demand for rent. The renter must respond to the petition in person at the office of the Housing Court Clerk. After that, the tenant will receive a court date from the Clerk. The tenant will have the chance to argue their case before a judge in Housing Court on the scheduled court date.

Any time eviction proceedings are involved, both parties should consult an attorney. A private process service agency like Undisputed Legal can help serve your papers by the jurisdiction’s laws, but eviction is a tough and emotionally charged situation. Involving Undisputed Legal to serve your papers means that your documents are served with the utmost discretion and sensitivity. We aim to serve your papers as quickly, delicately, and completely as possible.

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Sources

1. Taking Legal Action Against a Renter With a Month-to-Month Lease
Landlords are required to provide tenants the following notice periods according to the length of their occupation, in the case of month-to-month leases or rental agreements:

For occupation periods of less than one year or those having a one-year history of leasing, the notice period is thirty days.
Sixty days’ notice is required for tenants with one- to two-year contracts or for occupation periods between one and two years.
Tenants with two-year contracts or longer are required to provide 90 days’ notice.

2. And laws enacted during COVID-19, such as the Tenant Safe Harbor Act will continue to affect housing practices going forward.

3. Section 711 of the RPAPL provides: ‘No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding.’

4. The petition must contain the elements found in RPAPL 741, and shall be verified as required by that section, as well as the New York Civil Practice Law and Rules (CPLR) 3020-3022.

5. New York Real Property Acts section 711(2) of 2023.

6. New York Real Property Acts §§ 711, 753(4) (2023

7. New York Real Property Law Section 226-c (2023).

8. COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, or CEEFPA) was set to expire on August 31, 2021. On August 12, the United States Supreme Court enjoined enforcement of its eviction-preventing provisions