Do I Need An Attorney For Help With A New York Commercial Tenant Eviction Issue
Commercial real estate issues fall under an extremely detailed and complex area of the law that often requires the help of a legal expert in order to resolve them. In particular, commercial landlord-tenant matters tend to be even more complicated than a standard residential case due to the fact that commercial tenants have almost no legal rights or protections.
Therefore, if you have any questions or are involved in a matter concerning commercial tenant evictions, it may be in your best interest to contact a local landlord tenant lawyers for further legal guidance. A real estate lawyer who has experience with commercial evictions will already be familiar with the applicable laws and procedures.
In addition, your lawyer will be able to discuss how the laws may affect your case and can inform you of your rights as a commercial landlord or tenant. Your lawyer can also review the terms of your commercial lease agreement, identify any clauses in the lease that may operate in your favor, and provide advice on the next steps you should take.
Finally, if you need to appear in court for a particular issue, your lawyer can represent you and argue on your behalf. Alternatively, if you are a commercial landlord and you want to remove a commercial tenant for not paying rent, your lawyer can assist you in navigating the eviction process and can ensure that you are complying with the relevant state laws as well.
Notice To Petitioner In Eviction Proceedings
Evictions are processed through our Civil Unit and after all applicable fees are paid, it is given to the Deputy Sheriff for service. Once the eviction is served the tenant will generally have fourteen days to vacate the premises. This does not include the day of service, but does include weekends or holidays. Evictions can only be scheduled on business day.
The Deputy sheriff will contact the petitioner by telephone with the next scheduled available out date and the time he or another Deputy Sheriff will be reporting back to the premises.
It may be necessary for you to provide a locksmith in order to gain access to the premises. Any vehicles left on the property please refer to the New York State Department of Motor Vehicles for proper removal of abandoned and unclaimed vehicles.
The location to be evicted is to be opened by the landlord/representative so the Deputy Sheriff can complete a safety walk thru. The Deputy will remove the listed Respondents and advise them that they are evicted. The landlord/representative and Deputy will sign the Removal of respondents form which will be returned to the Civil Unit by the Deputy. Once that is completed the Deputy will advise that the eviction is completed.
Failure to Appear
Your out date will be cancelled if you fail to appear on the date and time of the eviction. We will return the original warrant to the court and your fees will not be refunded.
Withdrawing Your Eviction
Is There Any Alternative To Eviction
Getting evicted is a terrible thing for both the landlord and the tenant.
It is expensive due to court fees, can damage credit, and can also make it difficult for the renter to find apartments in the future.
For landlords, its a costly and time-consuming endeavor that can also be emotionally taxing.
There is an alternative to eviction that can work out well for both parties: mediation.
Many organizations in New York City offer free or low-cost mediation services to individuals facing a potential eviction.
With mediation, a third party helps both parties reach an agreement that cuts costs and hopefully gives renters more time to fix issues.
One of the more popular places to get mediation or low-cost legal aid in the Big Apple is The Legal Society.
If you are currently facing a potential eviction, reaching out to them can be a lifesaver.
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File An Eviction Petition
Once youve established that you can move forward, the next thing a New York landlord needs to do is file a petition in court. Keep in mind that there filing fees involved and they vary based on the type of eviction and where you are filing. The notice of petition, as well as the petition for eviction, will need to be served to the tenant 10-17 days prior to the first hearing. There are guidelines that youll need to follow to make sure the notice is communicated to the tenant properly.
Having Unauthorized Tenants Living With You Or Subletting
Take a close look at your renters agreement, and you might notice a small clause about subletters and guests.
This is normal.
Your lease agreement will have stipulations about who can and cannot live in your apartment.
Your landlord may have even read them to you as a standard part of an apartment lease signing.
Depending on whats written on your apartment agreement, having roommates and long-term guests may be out of the question.
If a landlord finds that youve broken the agreement by letting your friends move in, they have a right to ask you to leave.
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Eviction And Termination Without Cause
A landlord cannot end a relationship with a tenant without cause. If they do not have a reason to end a tenancy, they must wait until the tenant’s lease or rental period ends before asking them to move. For a month-to-month tenant, a landlord without cause must give the tenant a notice of 30 days if they have occupied the unit for a minimum of a year 60 days’ notice if the tenant has occupied the unit from one to two years and 90 days’ notice if they have been in the rental unit for more than two years.
If the landlord does not have cause to remove a tenant, they must wait for the contract or lease for a fixed term, such as six months or a year, to end before asking tenants to move. When the time is complete, a landlord does not need to give a tenant notice to vacate unless the terms of the lease state that they do. The landlord can expect a tenant to move when their lease ends unless the tenant has indicated otherwise by asking for a renewal.
Types Of Evictions And Eviction Notice Times
The New York State eviction process imposes strict notice requirements on the landlord. A landlord cannot proceed with eviction before the expiration of the rental term unless there is a specific reason to terminate a lease or to discontinue a lease with no specific expiration time. Such reasons can be that the tenant has stopped paying the rent or violates the lease/rental agreement. Depending on the reason, the landlord needs to start the eviction process by giving the tenant the proper notice:
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Grounds For Eviction With Cause In New York State
Renters in New York state can face eviction for several reasons, the most common of which is a failure to pay rent. According to N.Y. Real Prop. Acts Section 711, if a tenant does not pay rent, the landlord must notify them that they have 14 days to pay rent or leave. If they do not do either, eviction proceedings can begin.
Landlords can end a tenancy in New York State for other reasons, including:
- Violation of the Rental Agreement or Lease Terms: If a tenant violates their lease in some way, such as keeping a pet when the lease expressly forbids it, the landlord must allow them 10 days to fix the problem before taking steps to evict them. If they do not fix the lease violation, the landlord must give them notice of termination, and if they do not move out within 30 days, the landlord can begin eviction proceedings.
- End of Lease or No Lease: Also known as “tenancy at will,” once the lease ends or there is no lease, the landlord does not need a reason to end the renter’s tenancy, as long as they give the renter proper notice.
- Committing Illegal Activity: If a tenant commits an illegal activity while renting the premises, the landlord does not have to give prior notice of eviction.
After The Landlord Wins The Case
Provided that the tenant does not appeal for reconsiderationâwhich is a long and complicated process in the state of New Yorkâa Writ of Execution is issued a few hours to a few days after the hearing.
Provided that there are no appeals for reconsideration, the Writ of Execution gives the tenant a maximum of 14 days to vacate the property.
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These Are The Protections New Yorkers Have From Eviction
The novel coronavirus has pummeled New York Citys economy, leaving workers who were once gainfully employed to grapple with the economic fallout. And in a city where renters make up nearly two-thirds of the population, several questions loom large: What happens if I cant make rent? Will I be evicted? And what rights do I have as a tenant?
The good news is that residential tenants cannot be evicted through October 1 thanks to new court guidance. That directive, issued by New York State Chief Administrative Judge Lawerence Marks, mandates that no residential eviction warrants can be executed until October at the earliest, even as pre-pandemic cases begin to move forward.
Back in March, Judge Marks announced a suspension on court eviction proceedings, but a loophole briefly allowed landlords to file new cases. Shortly after, Cuomo closed that loophole and enacted a statewide moratorium on evictions until June 20.
He extended that moratorium by another month narrowing who qualified under the order but in a maddening twist, the governor rescinded part of that mandate in July. Under yet another executive order, Cuomo froze the statute of limitations, allowing the court system to continue its hold on moving eviction cases forward. The governor has renewed that freeze and Judge Marks responded by extending the courts hold evictions.
What does a hold on eviction proceedings mean for renters?
How does the Tenant Safe Harbor Act factor into things?
Commercial Tenant Eviction Rights
A landlord cannot evict a tenant without a court order and cannot take action that would have the effect of evicting a tenant without a court order. That means, a landlord cannot place padlocks on the doors of a tenants property to keep them from using it. Only the court eviction process of rent demand, followed by a petition can evict a tenant. Once the landlord gets the order allowing the landlord to evict the tenant, the tenant must be given notice of that order. The notice will give the tenant 72 hours from receipt of the notice to leave the property.
How long an eviction proceeding can last depends on what a tenant does. If a tenant pays on a rent demand or on the petition, the eviction process stops. If a tenant disputes the facts in the petition, the Housing Court will schedule the case for trial and attempt to settle it before the trial. The length of time between the answer to the petition and when the trial is depends on the Housing Courts schedule. Even if the tenant didnt have a reason to dispute the petition, he could extend the time they have before having to leave the property by asking for an order to show cause. That request, if granted, will stay the proceedings. That means, a court could place a temporary hold on any eviction to allow the tenant to remove their property.
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Eviction Due To Discrimination
Federal, state and local housing laws protect tenants from discrimination. The Fair Housing Act, the New York State Human Rights Law and local laws in cities around New York state protect against discrimination of tenants by landlords and property owners. The Fair Housing Act makes discrimination based on someone’s familial status , color, race, national origin, mental or physical disability, religion or sex illegal.
The New York State Human Rights Law also protects these classes of people but adds age, creed, marital and military status and sexual orientation to this list. Local governments may further add to the protected classes. For example, New York City protects tenants based on all of the above, plus citizenship status, gender, gender identity, lawful occupation, partnership status, gender identity, lawful occupation, and lawful source of income, including housing or public assistance, Social Security, SSI, annuities, pensions or unemployment insurance benefits.
Find Cause For Eviction
You cant just evict a tenant because you dont like them or wish theyd move out. You signed a binding legal agreement with them to live in the rental unit for the duration of the lease. However, there are certain violations to that lease that can trigger grounds for eviction.
The most common reason is likely the nonpayment of rent. New York law states that rent is considered overdue one day after its due to be paid. So if a tenant is supposed to pay rent on the first of the month according to the lease, if they have not paid by the second, and there isnt a grace period spelled out in the lease agreement, then they are officially late and liable for eviction. The landlord must provide a 14-Day Notice of Pay in order to secure an eviction, but this notice gives the tenant 14 days to either pay the past due amount or satisfy the lease in order to prevent eviction. If they fail to pay whats due, the eviction process can move forward.
If a tenant remains in a rental unit after the lease has expired, New York calls that a holdover. It still requires the landlord to give the tenant notice before forcing them to leave. The landlord can either negotiate a new lease or they can provide notice to the tenant to vacate. The length of time they have to vacate is determined by how long theyve lived there. But if they remain in the unit past that notice date, the landlord may proceed with eviction processes.
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I Gave My Landlord A Hardship Declaration Are Those Still Valid
Yes, though their legal purpose will change after Jan. 15. Hardship declarations are the document in which a resident swears under penalty of perjury that they were unable to pay rent because of a hardship caused by the pandemic.
Tenants who submit them to their landlords before Saturday are protected from eviction only until then.
But even for people who fill them out after that date, they could help bolster future housing cases, Siddique said, and he encouraged tenants coping with nonpayment cases to complete them.
The forms are available in 20 languages through the state court system here.
New York Eviction Does Not Allow Lockouts
It is illegal to self-evict or lockout a tenant, which means taking action to expel a tenant without a court order. Many of these measures can be subtle such as blocking access to the tenants reserved parking spot, raising the rent in violation of the lease or by removing the tenants personal belongings. More obvious examples are threats of force, changing the locks and shutting off utilities. A tenant should contact local law enforcement if any of these actions occur.
A landlord who is found in violation of the New Yorks lockout law may be liable for three times the damages suffered by the tenant.
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Ny State Emergency Rental Assistance Program
The New York State Emergency Rental Assistance Program will provide significant economic relief to help low and moderate-income households at risk of experiencing homelessness or housing instability by providing rental arrears, temporary rental assistance and utility arrears assistance. Read More
- Office of Temporary and Disability Assistance
I want to know about my rights +
While money orders seem convenient, they may cause you a lot of problems and in some cases could lead to your eviction. Visit this link on LawNY website to learn more. Content Detail
- Legal Assistance of Western New York, Inc.- LawNY® – Geneva Office
- Read this in:
TenantHelpNY provides clear and easy guidance to tenants facing eviction as well as information on how to present defenses in court. This website will also provide resources to pro bono attorneys assisting tenants with their eviction cases. Content Detail
This is a one-page PDF that explains some of the new housing laws that were passed in 2019 that impact your rights as a tenant, including your rights when facing an eviction. Read More
- Legal Services of the Hudson Valley
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Are you thinking of working for your landlord in exchange for rent? Read this first! Content Detail
- Legal Assistance of Western New York, Inc.- LawNY® – Geneva Office
- Read this in:
This booklet will help you negotiate a better agreement for yourself in your non-payment case. Content Detail
Do I Qualify For Bankruptcy
Did you know that Abraham Lincoln, Ulysses S. Grant, Walt Disney, and Mike Tyson have all utilized bankruptcy to help them right their financial ships?
Bankruptcy is nothing to feel ashamed of. Unexpected things happen. Life happens. When we take out a mortgage, we dont anticipate a long stretch of unemployment, a costly divorce, a death in the family, or a sickness that increases medical bills. These unexpected setbacks can leave you underwater and financially off balance for decades and cause you to miss mortgage, bill, and credit card payments.
People deserve a fresh start. We believe they should be given the opportunity to rearrange their finances and restart their lives. No one wants people living in their cars or selling off their belongings. Our society is better and stronger when people feel secure and can take care of themselves.
Roemerman Law makes sure homeowners and people are given the right to a fresh start. If your interests are not properly represented in a judicial hearing, how can you restart your life?
If you have lost your home or your creditworthiness has been damaged, how can you find a job and care for your loved ones?
By getting proper and reliable legal advice, you can take the necessary steps to rebuild your life. If you are lost in a sea of paperwork and forms you dont understand, how can you sign them and navigate the complex bankruptcy court? Dont give away parts of your life without a fight!