In New York City, eviction requests are quite common. 230,000 eviction requests were made in the city in 2017. Despite the frequency of these requests, tenants don’t usually need to worry about a sudden eviction. There are procedures landlords must take to evict their tenants. It takes time to do those procedures, and you may be able to remain in your rental for weeks or longer.
The Common Scenario: 30 Days to Vacate
The length of time a landlord must give a tenant to move depends on the situation. Typically, the timeline in 30 days. Most scenarios require at least 30 days of notice before a landlord can begin the eviction proceedings.
Before a landlord evicts you, they need to issue a notice of termination. This notice tells you that your tenancy is coming to an end. Furthermore, it states that you need to move by the deadline or you will be forced to appear in housing court.
By law, your landlord needs to give you at least a 30-day notice of termination. If they give you any less notice, you could fight the eviction in court.
Restarting the Clock
Sometimes, you may have longer than 30 days. This occurs if a tenant pays the landlord rent. After they accept the money, the clock begins again. They can still begin the eviction process, but they need to give you another 30 days.
Not all landlords realize this. Therefore, you should know your rights as a tenant. You could choose to fight your eviction in court and you might be able to remain in your home.
Ten Day Notice
If you’re doing something that violates your lease, your landlord could give you a notice to cure. This notifies you that you have ten days to stop violating your lease. It could mean getting rid of a pet or keeping down the noise.
If you fail to comply, your landlord could begin the eviction process. Then, you need to show up in court and fight for your right to remain in the home.
The Three-Day Notice
If you don’t pay your rent, you could receive a three-day notice of termination. Unfortunately, this only gives you three days to pay your overdue rent. If you fail to do so, you face eviction.
Although this notice doesn’t give you much time to remain in your rental, it’s very uncommon. Filing for this type of eviction is difficult, and most landlords don’t want to waste their time with it. It’s more likely that they will give you 30 days to remedy the situation.
The Eviction Process
The dates on your notices aren’t necessarily the dates you will be evicted. This is because an eviction can’t occur unless there is a hearing. First, the tenant must receive notice of the hearing. Then, they will show up in court to defend their right to remain in the home.
The eviction process takes time. In fact, it can take months. No matter what your landlord’s reason may be for evicting you, they need to follow the appropriate procedures and comply with the timeline.
New York City Housing Authority Guidelines
If your apartment or home is governed by the New York City Housing Authority, your landlord will need to follow their guidelines for eviction. Typically, this starts with a termination of tenancy hearing.
If you want to navigate the murky waters of eviction and tenancy, contact Mark H. Cohen & Associates P.C. You can learn more about your rights and the eviction process.
