Disputes occur in every type of human relationship, including landlord-tenant one. The easiest way to avoid judicial involvement is to have a candid conversation with the other party. Cooperation always leads to better outcomes for the parties. Unfortunately, sometimes, the conflict can seem impossible to resolve. In this case, bringing the case into court is a necessary measure. However, there is another way to settle the conflict legally — a landlord can send an eviction notice before going to court. The document can help the parties come to a mutual understanding or help the landlord start the eviction process in a legal way.
What is an Eviction Notice?
Eviction is the process of making the tenant leave the rental space. An eviction notice is a legal form that notifies the tenant about the eviction process. In some cases, the tenants receiving the notice can be followed by their immediate moving out of the leased property. However, in the majority of cases, the tenant is given a certain period of time to resolve the problem or move out. It depends on the reason for eviction.
Reasons an owner should notify a renter about eviction and go through this unpleasant procedure are different. The most common causes are the delay in rent payment, violation of the lease agreement, the tenant’s illegal activity on the premises (or outside the rental unit), and the owner’s desire to remove a monthly tenant.
The content of the document may vary from state to state. However, it can include general points required in each state. The common details for all eviction notice forms are the parties’ personal details and contact information, the complete address at which the property is located, the reason the landlord creates the notice, the date by which the renter has to deal with the issue or leave the premises, and the date that the owner created the form. In New York, a landlord must choose the proper type of form and provide the correct title for the paper.
Eviction Notice Types Used in New York
In the state of New York, an owner may choose among five specific forms if they have decided to deliver such a notice. So, you have to choose a template in accordance with the reason your tenant must vacate the residency. The list comprises the following types:
30-Day Lease Termination (for Month-to-Month Tenancy)
If an owner is thinking of selling, renting the premises to another individual, or using the space for other purposes, they have to complete a template of this type and send it to a renter. Keep in mind that the tenant must be notified about the landlord’s plans 30 days before the date of eviction.
30-Day Notice to Quit (for Curable Non-Compliance)
If a renter has broken the conditions of the lease agreement and the violation is fixable, an owner has to send this form to initiate the eviction process. The tenant has 30 calendar days to solve the problem. Otherwise, they have to empty the space. For example, if the tenant has a cat when pets are not allowed, the landlord can suggest removing the cat from the premises to continue the tenancy. Besides, the tenant will have to cover financial losses (scratched walls and furniture, broken items, etc.).
30-Day Notice to Quit (for Incurable Non-Compliance)
If a tenant does something that contradicts the conditions stated in the lease agreement and the violation is impossible to resolve, a landlord can notify about the tenant’s eviction with this type of notice. Cases of incurable lease violations can include constant noise complaints, willful destruction of the property, repeated lease violations, etc.
14-Day Notice to Quit (for Non-Payment)
If a lessee has not paid or has been refusing to pay the rent, a lessor should choose this template to notify the renter about the eviction. The tenant is given two weeks to make payment.
10-Day Notice to Quit
If a landlord discovers squatters (unauthorized tenants taking up the property without paying rent) in a rental unit, they cannot just kick them out of the property. The legal way to resolve the issue is to deliver a 10-day notice to the authorized renter.
New York Eviction Laws
Before starting the eviction process, one must find information about the laws regulating it. In New York, all the rules and obligations are included in Article 7, “Real Property Actions & Proceedings” of the New York Statutes.
According to Section 711 (which outlines all the grounds for eviction), the landlord has to wait for up to two weeks before he receives the delayed rent. Forcefully demanding rent within this period is illegal. Section 753 states that the landlord must give their tenant 30 days to fix the problem (damage of the property or any other violation of the lease) if it is possible to cure. Section 711 and 715 regulate an eviction process caused by the tenant’s illegal activity. If you want to look through the rules regarding termination of a month-to-month agreement, check out Sections 232-a and 232-b of NY Real Property Law. If the renter should move out because the owner needs to empty the premises for particular purposes, the notification must be delivered to the renter one month before the moving-out date.
Eviction Process in New York
If you have sent an eviction notice to a tenant, but the latter refuses to settle the conflict, there is still a way to evict: you should bring a lawsuit to the local court. The instructions below will help you understand how to go through the procedure:
1. Send an Eviction Notice to a Tenant
Choose the relevant template of an eviction notice, complete it, and deliver it to a renter. It is often sufficient for solving the problem. Make sure that the tenant has got the notice. The most sure-fire way to do it is to deliver the document by hand.
2. Apply to Court
If you know for sure that your renter has received the paper but is deliberately ignoring it, bring the claim to the local court. Court clerks will require the submission of an Eviction Petition and a Notice Petition. Make sure that your documents are notarized. When your case is registered, serve the documents to the renter so that they become aware of the trial.
3. Attend the Hearing
After the renter receives the paper, both parties have to show up in court. If the landlord wins the case and needs to make the renter move out, they need to get a Judgement and a Warrant for Eviction.
4. Wait until a Tenant Leaves
The tenant will be given 72 hours to leave after the court sends them an eviction notice. In case the tenant does not move out after 72 hours, the sheriff can use the warrant to force them to leave.