Evicting a Tenant for Non-Payment of Rent in New York

It’s due day for rent in your New York City apartment building. You go through all of your tenants and realize someone hasn’t paid. What do you do? What can you do?

Do you march right up to their unit, toss them out, and change the locks? Absolutely not.

While it is possible to remove a tenant due to non-payment of rent, there is still a process that must be followed to the letter. Failure to adhere to these strict procedures could result in tenants avoiding eviction or launching legal reprisals against their landlord.

What recourse do you have if your tenant has not paid their rent? What is the process you have to go through to get to eviction proceedings? And does your tenant have the right to fight back?

Three Day Notice

If your tenant has missed their rent, then you are within your right to demand it within a three days window. You must do this in writing, as an official notice. A real estate attorney can help with the wording.

According to the official New York law, “The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a demand of the rent has been made, or at least three days' notice in writing requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him as prescribed in section 735.The landlord may waive his right to proceed upon this ground only by an express consent in writing to permit the tenant to continue in possession, which consent shall be revocable at will, in which event the landlord shall be deemed to have waived his right to summary dispossess for nonpayment of rent accruing during the time said consent remains unrevoked.”

The notice must state that the tenant has three days to either pay the rent in full or move out of the apartment. If they move out, this is not an eviction. But if three days pass and they’ve not paid or vacated, then official eviction proceedings can begin.

Eviction

The New York eviction process is a multi-step ordeal that must be followed exactly. First a landlord files a petition with their local district or housing court in the county where the property is located. Then, the court will give them a time and date for a hearing before a judge. The tenant will also be notified of the hearing.

At that time, a tenant may try to challenge the eviction. The judge will listen to cases made by both the landlord and the tenant before rendering a judgement. The judge’s decision on the matter is final.

A tenant may have grounds for defense if they were withholding rent as a result of the landlord not properly maintaining the unit. State law gives them the right to withhold rent or defer the cost of repairs they’ve made themselves in the event of landlord negligence.

That’s why it’s always best to consult a real estate law firm like New York’s Adam Leitman Bailey, P.C. before pursuing any legal action.

Conclusion

Tenants have to pay rent, and as the landlord it is your responsibility to enforce these rules. But you must follow New York state law when doing so or risk exposing yourself to retaliation.