In New York, the eviction process is complex and frequently requires court involvement. A landlord isn’t within their rights to take on the task alone. Tenants can also take action to build a defense case against unlawful evictions. Evictions Lawyers Nassau County NY explain the law for landlords and tenants.
What are the Types of Evicts in New York?
In the state of New York, landlords have access to two types of eviction options. First, they have the three-day notice referred to as the demand for rent. The landlord must include the total value of the overdue rent. If the tenant fails to pay the rent within the allotted amount of time, the landlord files an eviction petition with the court.
The 30-day eviction notice is used for all other reasons beyond non-payment of the rent. The notice of termination must provide the tenant with one entire rental cycle before they must vacate. Typically, the notice is presented when the tenant violates the terms of the lease. Common violations are criminal acts or behaviors as well as becoming a nuisance or creating property damage.
Are Lock Outs Lawful?
No, any form of self-eviction is illegal in the state of New York. All landlords must acquire a court order through one of the two types of evictions. The landlord cannot lock the property and refuse access to the apartment or property. It is also unlawful to use any type of threat or force to get a tenant to leave the premises. Evictions Lawyers Nassau County NY can explain all unlawful acts to avoid. Browse website for more information.
Who Can Serve the Eviction Petition to the Tenant?
The landlord files a petition through the housing department of the civil court to remove the tenant from the property. To serve the tenant the petition, another party that isn’t the landlord must deliver the papers. The landlord can use an officer of the court, certified mail, or a law enforcement officer to serve the papers.
In New York, all evictions must be lawful and follow all related laws. Any deviation could lead to repercussions against the landlord or tenant. Tenants who believe they have received an eviction unlawfully can contact Evictions Lawyers at The Law Offices of Peter Morra in Nassau County NY now.