Everyone knows New York City is a town predominantly filled with residents who rent or lease the place they live. However, not everyone knows what happens when a landlord decides they’re ready to be rid of a problematic tenant. Recent high-profile cases of refusal to pay rent in the city put a spotlight on the issue of eviction, when it’s permissible, and how the process works. Here is an overview of New York’s eviction rules and procedures in typical landlord-tenant relationships.
When is Eviction Allowed?
New York landlords are permitted to evict tenants for a number of different reasons. However, before this can happen landlords must terminate the tenancy by giving the tenant written notice that meets the city’s requirements. In New York City, this means landlords must include the reason for termination, the date the tenant must move – but no less than 30 days from the date of service, and that an eviction lawsuit will be filed if the tenant doesn’t comply. If a tenant doesn’t comply, the landlord can proceed with their eviction lawsuit in a New York court.
Termination with Cause
If a landlord wants their tenant to move out before the rental term is finished, they must have cause. This can include nonpayment of rent or violating the terms of their lease or rental agreement. The type of notice given depends on the reason for eviction.
Fourteen Day Notice to Quit or Pay Rent
If a tenant doesn’t pay rent as agreed, they may receive one of these notices informing them they must pay rent in full within 14 days or move out. The landlord can pursue an eviction lawsuit in court after 14 days if the tenant has neither paid nor moved off the property.
Notice to Cure and Notice of Termination
If the landlord believes the tenant violated terms of the lease, they must give two types of notice. The first is a notice to cure informing the tenant they have 10 days to correct the violation. If the violation isn’t corrected, the landlord may provide a notice of termination. If it is corrected, the landlord can take no further steps. The second notice is a notice of termination, given when the tenant doesn’t comply with a notice to cure. This informs the tenant they have no less than 30 days to move out, and if they don’t comply the landlord can begin eviction proceedings.
Termination Without Cause
With no cause, a landlord must wait until the lease ends before asking the tenant to vacate.
Month to Month Rental
If the tenant had a month to month agreement, tenants who occupied the property for at least one year have 30 days’ notice. Tenants between one and two years receive 60 days’ notice, and tenants of over two years receive 90 days’ notice.
Fixed Term Lease
A fixed term tenant cannot have their tenancy terminated before the term ends without cause. After the term ends, no notice to move is required from the landlord unless the lease terms require it. Unless the tenant asked for a lease renewal, the landlord is generally in the right expecting the tenant to have left the rental by the term’s end.
COVID-19 & New York Evictions
What impact does the coronavirus have on New York evictions? Like many cities across the US, there may be a temporary inability for tenants to meet rent requirements during this unique time. Renters make-up nearly 2/3 of the city of New York’s occupancy and currently there is a statewide moratorium on commercial and residential evictions until June 20 (at least).
New York Real Estate Attorney
Lease and rental agreements are in place to set out the terms of a landlord-tenant relationship and prevent unwanted surprises. If the relationship is not going as planned or the agreement has not been upheld, the experienced New York real estate attorneys at MOWK Law can help you deal with any issues and look out for your best interests. And if you have questions about your commercial or residential lease during or after the Covid-19 moratorium, Contact us today with your questions.