With an average rent of $5,600, being a landlord in New York is a lucrative business. That is, of course, until you have to deal with evicting a tenant.
On top of the eviction process stopping you from filling the vacancy, NY laws can make things even worse. See, New York has specific rules on how to end a tenancy. In some cases, even a single mistake could get you sued.
Want to evict your troublesome tenant by the book and as soon as possible? Here's what you need to know about evictions in New York City!
Reasons for Eviction
If you want to end a tenancy early, you'll need to have a valid cause. In most situations, this is the failure to pay rent on time.
To evict a tenant over this reason, you'll first need to send them a letter. The letter needs to be at least five days past the due date. If they don't respond, you'll send them a 14-day notice to pay to start the eviction process.
You can also evict someone over violating a lease agreement, such as by sneaking in a pet. In this case, you'll send them a 10-day notice to comply, followed by a 30-day notice to quit.
Filing a Complaint
Once you issue a written notice, the clock starts ticking. As soon as enough time has passed, you can file for eviction at your local justice court.
One of the best landlord tips you'll get is to file the complaint carefully. Provide all relevant documentation, including:
- Petition
- Notice of Petition
- Notice to Quit
- Lease Agreement
- Evidence of Wrongdoing
Serving the Tenant
The next step is to serve the tenant with a copy of the Petition and Notice of Petition. You must do so 10-17 days before the hearing.
In NY City, you can't serve these documents to the tenant directly. Instead, find someone uninvolved with the case to do it for you. If the tenant is unavailable, someone living with them can receive the documents as well.
When it comes to tenant rights, they don't have to reply unless you're evicting them over nonpayment of rent. In that case, they must respond within ten days, or you'll win the case by default.
Attending the Trial
If the case gets to trial, you should familiarize yourself with tenant eviction laws. Know what the court will expect of you and behave accordingly.
In general, it's on the landlord to support their claims with evidence. If you have proof of the tenant's violation, make sure to provide it. Photos from your latest property inspection could come in very handy here.
If you win the case, you'll get a Writ of Execution within a few days after the hearing. This document gives the tenant 14 days to vacate your property. In rare cases, they may get a stay of execution, allowing a prolonged stay.
Tenant Evictions Made Easy
Though the above rules may seem nitpicky, they're there for a reason. Without carefully following them, the eviction won't be valid, and you'll have to start over.
Looking to outsource tenant evictions to a property management firm? At PMI New York City, we can take care of the whole process for you while covering all eviction fees up to $2,000. Contact us here to learn more!
