FAQ-EVICTIONS IN NEW YORK
BY
MICHAEL J. LOMBARDO, ESQ.

 

NON-PAYMENT

If a tenant has not paid me rent, must I go to Court for an eviction or can I just lock the doors or turn off the water?

You must bring an eviction proceeding. The technical term for the proceeding is called a Summary Proceeding. However, since the proceedings are statutory, there must be strict compliance with the statute in order to maintain the proceeding.

 

What must I do before I bring the eviction proceeding?

If there is a written lease or rental agreement, it is necessary to follow any notice and cure terms that may be found in the lease or rental agreement. For example, a lease may contain a clause that requires the landlord to provide the tenant with a notice that the rent has not been received. The time frames set forth in the lease, as well as the manner in which any notice is given, must be strictly followed. These are not necessarily the same as the 3 day notice that is provided for under the statute. Failure to do so could result in the dismissal of any proceeding that is based on non payment of rent. If there is no written lease, then it is necessary to serve the tenant with what is commonly called a 3 day notice

 

What notice is required before I can start an eviction based on non-payment of rent?
If the tenant has defaulted in payment of rent, the landlord must serve the tenant with a written fourteen (14) day notice requiring, in the alternative, the payment of the rent or possession of the property. However, before that notice can be served, it is necessary to serve the tenant with a notice of failure to receive rent if the rent is five (5) days past due. A fourteen day notice must be served in a manner required for the service of other papers by someone other than the landlord. The fourteen day notice must be specific as to the amount of rent due and the periods involved. It is insufficient to merely provide a lump sum amount.

 

Must I serve a 14 day notice before starting the eviction proceeding?
Yes. Changes in New York law now make it necessary to serve a written notice at least fourteen (14) days before commencing a Summary Proceeding based on non-payment of rent (See RPAPL Section 711(2)).

 

 

 

 

HOLDOVER

What is a Holdover Proceeding?
A Holdover Proceeding is any proceeding brought to regain possession of property for reasons other than non-payment of rent. A holdover proceeding would be the appropriate proceeding to bring should the tenant fail to vacate the property after the tenancy term has expired. A tenancy term may expire either by the terms of the rental arrangement (such as where there is a one year lease that is not renewed but the tenant remains in possession after the expiration of the one year) or if the landlord terminates the tenancy term due a violation of a lease term or, with a month-to-month tenancy, provides one month's notice of termination.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAUTION:    THIS ARTICLE IS INTENDED TO PRESENT GENERAL INFORMATION AND IS NOT INTENDED TO BE A SUBSTITUTE FOR CONSULTATION WITH LEGAL COUNSEL.

IRS CIRCULAR 230 Disclosure:  To ensure compliance with requirements imposed by the IRS, please be aware that any U.S. federal tax advice contained in this communication (including any attachments or enclosures) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to any other person any transaction or matter addressed herein.


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Last Update: December 7, 2019