Important Information
Regarding Evictions
In a landlord-tenant relationship, tenants have the right to live in a property owned by the landlord for a specific period of time, usually based on a lease agreement. The length of time can vary depending on whether you rent or own a mobile home.
If you are a tenant, it's important to know that your landlord cannot force you to leave or take your belongings without going through the court process. Doing this is illegal and can lead to serious problems.
The Real Property Actions and Proceedings Law (RPAPL) Article 7 explains the rules for evictions. If your landlord sues you for not paying rent, it is called a "Nonpayment Proceeding." If they sue you because your lease has ended or for another reason, it's called a "Holdover Proceeding."
Usually, landlords must give tenants a notice before starting an eviction. In Nonpayment Proceedings, the landlord must send you a 14-day "Notice to Pay." This informs you that you have 14 days to pay the overdue rent before they can take further steps.
For Holdover Proceedings, the notice you get depends on the situation. For example, someone living on the property without permission (a squatter) must receive a 10-day "Notice to Quit." If a landlord wants to end a lease early, they must issue a "Notice to Terminate." The specific timing and method for delivering these notices depend on the lease or the law if there isn't a lease. At the end of a lease, the landlord must give you a "Notice of Non-Renewal." How much notice you receive depends on how long you've lived in the property:
If you've lived there for less than one year without a lease, the landlord must give you at least 30 days' notice.
If you've lived there for more than a year but less than two years, or if you have a lease for at least one year but less than two years, they must give you at least 60 days' notice.
If you've lived there for at least two years or have a lease for at least two years, you must get at least 90 days' notice.
For properties owned or run by the government, like Section 8 housing, landlords must have a good reason to end your lease or decide not to renew it.
Eviction cases happen quickly, so it's important to contact a legal expert when you receive a "Notice of Petition," which means your landlord is trying to evict you. This notice will tell you when and where the court hearing is and why the eviction is happening.
You must be served with the notice and petition at least 10 days, but no more than 17 days, before the court date. It is very important to attend your first court date; if you don't, your landlord might win by default.
If there are disagreements about the facts of the case, you can ask for a 14-day delay at your first court appearance to get legal help, negotiate with your landlord, or respond if you believe you have a valid defense.
If you don't reach an agreement, if you don't have valid defenses, or if you lose in court, the judge will set a move-out date for you. The court will issue a "Warrant of Eviction," but they may give you a short extension to move if you can prove you are facing serious hardship. Usually, you will have at least 14 days to find a new place. After that, a Marshal or Sheriff will carry out the eviction.