How To Start An Eviction Proceeding In New York City

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There are several reasons that a tenant may be evicted in New York City. Typically, those reasons fall under three categories:

  • Non-payment of Rent
  • Holdover due to termination
  • Holdover due to any reason other than termination (i.e. breach of lease agreement).

Depending on the reason for the eviction, the tenant must be afforded a specific number of days or notice before the eviction can be started. Additionally, if the property is regulated by the state or a government entity, this could affect the process and the required notice. This post provides general information on the three categories that an eviction may be based.  For more information, please feel free to contact our office and speak to an attorney.

NON-PAYMENT OF RENT

In general, in New York City, a landlord must provide a tenant who has failed to pay rent with three days notice prior to seeking eviction.  This is done by serving the tenant with a written demand to pay the rent in three days, in full or move out of the rental unit.  The three days cannot include a weekend or holidays.  If the tenant fails to move out or pay the full rent, the landlord may now seek an eviction.

  • The demand must include the date it was served on the tenant
  • The names and addresses of the tenant or tenants
  • The total amount past due
  • The reason for the demand
  • Advise tenant that if the rent is not paid and tenant fails to move, then the landlord will start eviction proceedings
  • An affidavit of service must be provided

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HOLDOVER DUE TO TERMINATION AND OTHER REASONS

The second and third bases for an eviction is holdover due to termination and other reasons.  Holdover due to termination is typically used to give notice to a tenant staying in the rental beyond the end of the oral and/or written lease agreement .  It is also used on squatters (someone who never had permission to occupy the rental). There are two types of notices that may be used in this situation:

  • 10 Day Notice to Quit
  • 30 Day Termination Notice

A 10 day notice to quit is used when dealing with a squatter.  A 30 day notice applies if you have an oral agreement or written lease agreement with the tenant that you are evicting.  The 30 day termination notice still applies even if the oral or written lease period has expired.

A holdover may also be used when a tenant has violated the oral or written lease agreement.  In these cases, a 10 day notice to cure is typically served (note the written lease may have a different requirement for notice).  This notice advises the tenant that they are violating the oral and/or written lease and gives a date that they must correct or cure the violation. The 10 days must be 10 days from the date the tenant is served with the notice.  If the tenant fails to cure the violation, then you may serve a termination notice.

All holdover notices must clearly state the reason for terminating the tenancy and must tell the tenant that they may be brought to court in a holdover case if they fail to vacate.

CONCLUSION

Hope this post helps to give you a better understanding of the bases to evict.  Please be mindful that this is just a basic description and that if you are dealing with a regulated unit, or a state or local government entity, then the process and required notice may be different than what is described here. For more detailed information, please call us for a consultation.