According to reports, there were around 12,000 evictions carried out in New York City last year.
If you're a Wantagh landlord, rental evictions aren't an outcome you're ever striving for. That being said, a tenant gives you little choice when they choose to disregard you and your property. When this happens, the best thing to do is deal with the eviction as quickly and seamlessly as possible.
Today, we'll help you out by providing you with a quick guide to handling evictions in New York. Read on and you'll have the resources and information you need to carry yours out in a stress-free manner.
NY Eviction Laws
Before you begin the eviction process, it's important to understand the eviction laws in New York. Firstly, an eviction can only be carried out with a judgment of possession from the eviction court. It's unlawful to try and evict a tenant without following due process.
You need a cause to evict a tenant. In New York, that can be failure to pay rent, illegal activity, or irreparable lease violations. Each type of eviction must be carried out with a specific notice, which we'll discuss later.
The only circumstances in which you can evict a tenant without a cause are in month-to-month or fixed-term leases where the tenant is no longer under contract.
Tenant Outreach
Evicting a tenant is a long, drawn-out process that can be stressful for everyone involved. You should always give the tenant as much leeway as possible to prevent the eviction. For example, if they're failing to pay rent on time, try to find out why and work with them to come up with a solution.
Giving your tenant a chance to change their ways will reflect well on you in eviction court. If the tenant doesn't respond to your outreach, you're left with no choice but to send an official notice.
Delivering the Notice
You send different eviction notices for different infractions. Failure to pay rent is served with a 14-day pay or quit notice. If they don't pay rent or vacate the property in those 14 days, you're free to file the eviction in your local courthouse.
Lease violations are served with a 10-day notice to cure, which is followed up with a notice of termination that gives them 30 days to leave. If the tenant doesn't leave in 30 days, you file the official eviction.
Preparing for Court
Both parties will be given a date to attend the eviction hearing. To make sure your eviction goes smoothly, bring as much evidence as you can gather to the court proceedings.
Photographic evidence of damage, correspondence with the tenant, and bank statements showing nonpayment of rent are all helpful evidence. When you're successful, the tenant will be given a date that they must vacate the property. Failure to do so will result in forceful removal by the authorities.
How Property Management Helps with Evictions
If you follow these processes, you'll be able to carry out an eviction relatively seamlessly. That doesn't mean it won't be stressful, however. Many landlords decide to hire property managers so that they don't have to deal with the uncomfortable eviction process.
PMI Empire Solutions is the top property management solution for Wantagh landlords. To find out how we can help you deal with your evictions, contact us today.
