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Eviction Process for New York

 Eviction Process for New York

new york Eviction Process for New York

eviction process for New York

The statutory basis in New York state for an eviction is that

 

  • The lease is up
  • You owe back rent
  • You seriously violated the terms of the lease

The burden of proof in court is on the landlord to prove that this is true.If you are a month-to-month tenant in New York you can be evicted only if you owe rent or you were given a month’s notice to move out and did not do so.

The eviction notice you receive from your landlord is controlled by your state landlord tenant laws rather than your residential lease agreement. This is also true for the eviction process. While your rental agreement form states when your lease begins and ends, it doesn’t usually contain information about eviction notice processes. Rental laws derive from the landlord tenant rules (state statutes)  Eviction procedures vary widely around the country, just like eviction rules. All the names at the bottom of the page are various names for eviction notices or lease ending notices. However, they are used to accomplish different purposes. For this reason, it is crucial to examine the notice you get from your landlord carefully. Ask yourself “What is it that the landlord is trying to accomplish with this notice? What is it that I am supposed to do?”

  Eviction Process for New York

Evictions in New York State are called a summary proceeding. The landlord gives the tenant two papers. The first is a notice of petition which has the information regarding the time date and place of the court hearing. The second is a petition which contains the reason the landlord wants to evict the tenant. The landlord must serve both these papers on the tenant at least five days prior to the court date but less than 12 days after you are served

 

The burden of proof is on the landlord in both cases.

 

If the landlord is attempting to evict you for nonpayment of rent you can defeat their attempt by showing the judge

 

Landlord did not demand rent from you either verbally or in writing.

 

You paid the rent. Or bring proof you’re holding back the rent because the landlord will not make repairs.

 

You offered the rent to the landlord who refused to take it. Take the rent money to court.

 

In a holdover case (month-to-month tenancy) you can defeat the landlord by showing that you are a month-to-month tenant and the landlord did not give you a month’s notice.

 

The landlord gave you a notice but miscalculated the dates.

 

The landlord did give you notice but is evicting you because of your complaint to a housing agency.

 

How you are served is very important in New York State. The service rules are complex so make certain that you understand what these are and make certain that your landlord strictly complied with serving the paperwork on you. If you were not personally served for example the judge cannot award monetary judgments to the landlord. They can only award possession.

 

Most states require that evictions occur for only a few reasons that are defined in the state’s Landlord-Tenant statutes. You can download the statutes for your state from this website. The book “How to Stop an Eviction” has chapters on contents of notices and types of notices. If the notice you receive does not contain the correct information, you can get your eviction action cancelled. To obtain those chapters go here.

 

How the notice is served on you is very important. States have different notice requirements, defined by the state statutes. You can download your state statutes from this website. If the notice was given to you improperly, you can get your eviction action cancelled. The book “How to Stop an Eviction” has a chapter on serving the notice so you can see if you were served properly. To obtain the chapter, go here.

 

After the notice period, the landlord summons the tenant to court. The summons must meet state standards for content and timing. The state standards can be downloaded from this website. The book “How to Stop an Eviction” has a chapter on contents of the summons so you can verify that the summons contained the correct information. If it does not, you may be able to get the eviction dismissed. To get access to that information, go here.

 

How the summons is served is important in the tenant’s defense. Many states require that the summons notice be served by someone other than the landlord. The service is often done improperly. In the book “How to Stop an Eviction” there is a section on contesting service of the summons. To get that information, go here.

 

It is also important that the tenant respond properly to the summons with the correct information to use at trial. There is an extensive chapter in the book “How to Stop an Eviction” showing the tenant how and where to research to determine problems with the landlord’s position. The response to the summons is where that research is entered. The chapter contains over 200 defenses to the eviction. To get access to the information, go here.

 

In the book “How to Stop an Eviction” there are two chapters relating to the trial. One chapter focusses on preparing for the trial, organizing the information and preparing it to be summarized and presented quickly. The other chapter is on trial strategy. Knowing what information to bring up and when is crucial to the tenant winning. To get access to that information, go here.

 

If the tenant loses at trial, there are still an additional 9 ways to either win or stall the eviction, sometimes for months. To get access to that information, go here.

 

 

 

Other Useful Information Below

 

1)   Types of tenancies

 

The notices that you get from your landlord are based on the type of tenant you are. The landlord is required to know what type of tenant you are and to give you the proper notice. If they give you the wrong type of notice, you can often get your eviction action dismissed. To figure out which type of tenant you are, click on this type of tenancy for a quick analysis.

 

2)   Bad mistakes that landlords make that can get them sued.

 

Click on the links below to see a quick summary of the problem

 

Constructive Eviction

 

Wrongful Eviction

 

Health and safety Violations

 

Retaliatory Evictions

 

Violations of Quiet Enjoyment

 

Unfair or Deceptive Trade Practices

 

Self-Help Tactics

 

 

 

3)   Getting the laws of your state

 

This summary information is provided with the understanding that it is subject to errors, omissions and misstatements. State laws are updated frequently and the most up to the minute information is contained in your state’s statutes.

 

It is important that you obtain the laws of your state and completely review them. We have a link on this website for you to obtain your state’s laws. To get your state’s laws, go to the home page of this site, and look at the top menu for the state laws. Click on the dropdown menu and then click on your state. You will get a link where you can download your state’s laws.

 

See paragraph above for context of the notices below the paragraph begins “The eviction Notice”.

 

Letter of Eviction Notice

 

3 Day Notice to Quit

 

Landlord 30 Day Notice

 

3 Day Eviction

 

30 Day Eviction

 

3 day Eviction Notice

 

3 Day Notice of Eviction

 

Tenant Notice to Vacate

 

Notice to Tenant to Vacate

 

End Tenancy Letter

 

30 day Notice of Eviction

 

Notice to Vacate letter

 

Eviction Letters

 

3 Day Notice to Vacate

 

Notice to Tenants

 

Letter of Eviction

 

Vacate letter

 

Tenant Notice

 

30 Day Notice to Vacate

 

Lease termination letter

 

Notice to Evict letter

 

Eviction Notice

 

Notice to Vacate

 

Notice For Eviction

 

Home Eviction

 

Notice to End Lease

 

For the eviction process in other states, click the link below

Alabama     Alaska   Arizona    Arkansas   California  Colorado   Connecticut  Delaware Florida

Georgia   Hawaii   Idaho  Illinois   Indiana  Iowa  Kansas  Kentucky   Louisiana Maine Maryland 

Massachusetts  Michigan  Minnesota Mississippi  Missouri   Montana  Nebraska  Nevada 

New Hampshire  New Jersey  New Mexico  North Carolina North Dakota  Ohio 

Oklahoma  Oregon  Pennsylvania  Rhode Island  South Carolina  South Dakota Tennessee

Texas  Utah  Vermont  Virginia  Washington, DC  Washington State West Virginia   Wisconsin  Wyoming

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