Rockland County Eviction Lawyer

When a tenant stops paying rent, repeatedly violates the lease, or simply refuses to leave after the tenancy has lawfully ended, a landlord may feel as though the solution should be relatively straightforward–you evict them. Unfortunately, even when a landlord has a valid reason for wanting a tenant removed, he or she must still follow each step required under the law, and the process is often more complicated than you may think. Evicting a tenant involves serving the right notices, waiting the appropriate amount of time, filing the correct documents, and ultimately obtaining a court order before the tenant may be removed. The Law Office of Peter A. Hurwitz, PLLC is experienced in these matters and can help ensure the process moves along as smoothly as possible. If you believe it’s time for an eviction, please don’t hesitate to contact a Rockland County & NYC landlord lawyer from our firm today so we can discuss your circumstances.

What Is an Eviction in New York?

Simply put, an eviction is the process through which a landlord seeks to recover possession of a rental property from a tenant or another occupant. Though landlords own the properties they rent, they are not permitted to take matters into their own hands.

Instead, a landlord must bring a legal proceeding in the appropriate court and obtain both a judgment and a warrant of eviction. Only after this has been done may an authorized enforcement officer, such as a sheriff, marshal, or constable, carry out the eviction. The landlord, even after winning the case, cannot personally remove the tenant.

Rather obviously, this process can become frustrating when a tenant owes substantial rent or is actively causing problems at the property. That being said, attempting an unlawful lockout can create additional issues and may significantly complicate an otherwise valid eviction case.

When Can a Landlord Evict a Tenant in New York?

A landlord must have a legally recognized reason for evicting a tenant. The precise reason will determine which type of case must be filed, what notices are required, and whether the tenant must first be given an opportunity to correct the problem. Some common grounds for eviction are as follows:

• The tenant has failed to pay rent that is lawfully due.
• The tenant has remained after the lease or rental term ended.
• The tenant has violated a material provision of the lease.
• The tenant is using the property for an unlawful purpose.
• The tenant has created an ongoing nuisance.
• The tenant has allowed unauthorized occupants or pets to remain at the premises.
• The landlord has lawfully terminated a month-to-month tenancy.

One important thing to note is that certain tenants and rental properties may be protected by rent regulation, the New York Good Cause Eviction Law, or other rules that restrict when a tenancy may be terminated or a lease may be denied renewal. For this reason, it’s important that you have a lawyer in your corner who is well-versed in eviction and landlord-tenant law who can ensure you’re always acting well within your rights.

What Are the Different Types of Eviction Cases in New York?

There are two primary types of eviction proceedings in New York: nonpayment proceedings and holdover proceedings.

A nonpayment proceeding is brought when a tenant has failed to pay rent. Before filing the case, the landlord must make the required written demand for payment. The purpose of this proceeding is generally to recover unpaid rent, possession of the property, or both.

A holdover proceeding, on the other hand, is used when the landlord wants the tenant removed for a reason other than unpaid rent. For example, a holdover case may be appropriate when a lease has expired, a month-to-month tenancy has been properly terminated, or the tenant has committed a serious lease violation and failed to correct it.

Though these two proceedings may ultimately seek the same result, which is the return of the property to the landlord, they are not interchangeable, and filing the wrong type of proceeding or relying on a defective predicate notice may lead to the case being dismissed, thereby forcing the landlord to begin again.

What Notices Must Be Served Before an Eviction?

The notice a landlord must serve will depend on the reason for the eviction and the terms of the tenancy. In a nonpayment case, the law generally requires a written 5-day and 14-day rent demand notifying the tenant that the outstanding rent must be paid or possession of the property surrendered. Notices that may be involved in an eviction are as follows:

• 5-day and 14-day rent demand: Used before commencing a nonpayment proceeding.
• Notice to cure: Gives the tenant a stated period to correct certain lease violations.
• Notice of termination: Notifies the tenant that the tenancy is being terminated.
• Notice of nonrenewal: May be required when the landlord does not intend to renew a tenancy.
• Notice of petition and petition: The court documents that formally notify the tenant that an eviction case has been filed.

These notices must contain the proper information and be served in the manner required by law. Furthermore, the landlord must wait until the applicable notice period has expired before moving forward.

How Does the New York Eviction Process Work?

There are several steps in the New York eviction process. First, the landlord must determine the legal grounds for eviction and review the lease, payment history, correspondence, and any other relevant records. From there, the appropriate notice must be drafted and properly served. Once the notice period expires, the landlord may generally:

• File the eviction petition in the proper court.
• Arrange for the notice of petition and petition to be served.
• Appear in court on the scheduled date.
• Present relevant testimony, records, photographs, notices, and lease documents.
• Respond to any defenses or counterclaims raised by the tenant.
• Obtain a judgment and warrant of eviction if the case is successful.
• Deliver the warrant to the appropriate enforcement officer.

Some eviction cases are resolved through settlement, while others proceed to a hearing or trial. If the landlord prevails, the sheriff, marshal, or constable must serve the tenant with a written notice of eviction before carrying out the warrant. This notice generally provides the tenant with at least 14 days before the physical eviction may occur.

Contact an Eviction Lawyer Serving Rockland, Westchester, Orange Counties & NYC

The bottom line is that landlords have rights, but those rights must be enforced through the proper legal channels. If you are facing unpaid rent, serious lease violations, or a tenant who refuses to vacate your property, the Law Office of Peter A. Hurwitz, PLLC is here to fight for your rights. Contact a skilled, experienced, and, if need be, aggressive Rockland County eviction lawyer from our firm for an initial consultation so we can discuss your case.