Unfortunately, there are situations when a landlord (also referred to as an owner) and a tenant (or a renter) should terminate their relations that were set by a lease agreement, and a tenant should leave the leased real property.
In New York, if it happens attributable to a renter, an owner has to send a document called an eviction notice first. If you are seeking a relevant template, use our form building software to download one of the New York eviction notice templates.
Reasons, why an owner should notify a renter about eviction and complete this unpleasant process, are different. Sometimes a tenant refuses to complete a rent payment in agreed terms. In other cases, a landlord needs his property empty to sell or rent to another individual. Finally, a renter may conduct an illegal action on the premises that will lead to an eviction.
Usually, every eviction notice template sent to renters in the United States consists of:
“Real Property Actions & Proceedings” part of the Consolidated Laws of New York regulates the eviction process in this state. In particular, Article 7 (Sections 711, 715, and 753) describes rules and peculiarities.
The information about the process of eviction through court is included in the same article.
Some conditions of eviction are also stated in the “Real Property” part of the Consolidated Laws (Article 7, Section 232 (“a” and “b”).
The terms of eviction depend on the reason for an eviction. For example, if a renter has not paid on the day set by a lease agreement, an owner has to send a notice at least 14 days before eviction. If a renter should leave because an owner needs to empty the premises, the notification must arrive at a renter one month before the moving-out date.
Among the properties’ owners in New York, three templates of this notice are common, including:
30-Day Notice to Quit (for Month-to-Month Tenancy)
In case an owner is thinking of either sell, or rent the premises again, or use it another way, he or she has to complete a template of this type and send it to a renter.
30-Day Notice to Quit (for No-Compliance)
If a renter has broken the conditions of a lease agreement without the ability to fix the situation, an owner has to send this form to initiate an eviction process.
14-Day Notice to Quit (for Non-Payment)
If a renter has not paid or has been refusing to pay the rent, an owner should choose this template to notify a renter about a planned eviction.
3-Day Eviction Notice (for Non-Payment)
This notice to quit or pay is used by landlords to inform their tenants about late rent and that they have three days to pay the rent or vacate the premises. This document must be written in line with §711.2 and §751.1 of Real Property Actions & Proceedings.
If you have sent an eviction notice to a tenant, but he or she ignored it, there is still a way to evict: you should apply to the local court. We have prepared a guide that shows steps you have to make to finish the eviction process from the very beginning.
Before going to court, you should start with a notification of a tenant about an eviction. It is often sufficient for solving the problem and not going to court. Send a relevant eviction notice to a tenant and make sure that he or she got it.
A renter may ignore your eviction notice. If this is the case, you should apply to the court in your area. Prepare a document that we will describe below and the money for covering the required fees. When your case is registered, deliver the copies of the documents to a renter, so he or she is aware of the trial.
Get the results of your case in the court. If you, as an owner, are winning, a renter should leave your property.
A tenant will have 72 hours to leave after the court decided so and associated papers (like the Warrant for Eviction) were issued. In case a tenant does not move out after 72 hours, the sheriff may use those papers, come, and force him or her to leave.
Typically, a claimant who wants a tenant to move out has to provide some documents to the court. In New York, if you want to register a case and start a trial tied to your tenant’s eviction, you will need to submit the form called an “Eviction Petition”.