Are you a landlord or property manager with a problematic tenant? Sometimes we have to consider removing our tenants from the property. While many are wonderful, everyone has had at least one bad one in the past.
Whether they’re missing rent, breaking the terms of the lease, or harassing other tenants, an eviction might be necessary. If you’re tearing down or selling the property, you might also need to go through the eviction process.
What is the Eviction Process in NY
But what are the New York eviction laws? It isn’t as easy as locking their door so they can’t come back. You need to follow the rules for a lawful and successful eviction process.
Our company is fully aware of all the necessary law requirements and sheriff’s policies needed for moving evictions. We will send our professionally trained staff who are only experienced in all aspects of moving but those who are aware what to do in situations that may incur with evictions. movingaaa.com will provide packing, moving and storage services 365 days a year, 24 hours a day on short notice. We are fully licensed with the Department of Transportation and the United States Department of Transportation, and complies with all Federal, State and Local statutes, codes and regulations.
We want to help you get started. Keep reading to learn about the New York state eviction laws.
Landlord / Tenant Information
At the time of the eviction the landlord will be required to provide all necessary manpower and materials to complete the eviction as expeditiously as possible. The personal property of the tenant must be moved to a place where the tenant can recover it without unreasonable difficulty. This can be completed by storage and/or removal to a public right-of-way. This requires the landlord/attorney to provide a minimum of four people to do the moving. All expenses will be incurred by the landlord.
The landlord assumes any responsibility for damage to the property during the moving/storage of the property. The landlord may NOT break into the dwelling, may NOT move a tenant’s belongings out, and may NOT turn off the heat and utilities. The sheriff is the only person who may remove property from the premises and this can be done only after the landlord has been awarded a court judgment called a ” right of possession ” (RSA 540-A:3,III- IV). Tenant’s) and their personal property must be physically removed from the premises described in the warrant.
The first thing that you need to know is that you can’t take eviction into your own hands. There are protections in place for tenants. This means that it’s illegal for you to lock a tenant out of their space with or without notice. As long as they’re within the notice period, or if they haven’t been told that they’re expected to move, they are entitled to that space.
There is no “lockout.” The landlord (at his expense) must provide proper moving & storage, off site, by an insured, competent mover. The removed goods must be stored in secure storage within the County, and a copy of the bond, must be provided to the Civil Bureau for inspection prior to the move. This helps protect all parties from loss, theft or damage and reduces the exposure to such claims. We at movianaaa.com will be able to provide you with all the necessary papers and services to make your experience a pleasant one. Let us try to take some of the stress out of your move!
It may happen when you least expect it
All of a sudden a tenant of yours may stop paying the rent. What do you do? You cannot just evict the person. There is a whole legal process that has to be followed by you. In fact if you think you can carry out the eviction all on your own,you would be making a big mistake.Many landlords have tried to carry out the eviction on their own and they have found out that they have made serious errors and the courts have cancelled the eviction notice in favor of the tenant.
That is why eviction movers are very important for any landlord
When a tenant of yours does not pay the rent, he or she can only get away with it for a certain time. After that the wheels of the law come into play. Then when the court order comes in for the case of eviction, you will need help as no landlord is really aware of the legalities of getting a tenant evicted.
You would definitely need the help of people to evict your tenant but it is more than safe to assume that you will not have people on hand to get the job done. Also, it is safe to say that you will not have people on hand who are aware of the legal process of evicting your tenant.
So many things that need to be taken care of by a landlord in the case of an eviction
Though there will be a law enforcement agency that will also be on the scene to oversee the eviction process, they are not going to help with the shifting of the goods of the tenants. So, you will have to get the help of professional movers and packers to get help when you have to evict a tenant from your premises.
Another reason why you need to get professional help to evict a tenant from your premises is because it is very important that you make sure that your neighbors are not disturbed in this eviction process. Moreover, of course you do not want to spend endless hours in this process. So if you are a landlord in New York and you have to deal with an eviction case, it makes perfect sense for you to call Eviction Movers NY
Demand for Rent
If your tenant hasn’t been paying rent, you have options. While 14-day notice is sometimes required, tenants who are very overdue on rent can receive a 3-day notice for rent.
You can not start filling out eviction forms until the period of the notice has passed. The tenant has that amount of time to gather and send the money.
If your tenant has violated the terms of the lease, you have to give them 2 different notices.
The first is a notice to cure. This notice tells the tenant about the lease violation. The tenant then has 10 days to fix the problem and become compliant. If they do, you have no power to evict them for the violation.
If the tenant chooses not to comply you can send a notice of termination. The tenant can choose to move out on their own within 30 days, and if they don’t, you can begin the eviction process.
Termination Without Cause
Sometimes you have no real cause to terminate the rent aside from personal reasons, such as a sale or renovations.
If this is the case, you have to abide by the terms of the lease. If someone is locked into a year, they have the full year to live in the space regardless of your desire to empty it. After the term is up you can remove them as you wish unless you have a notice agreement in the lease.
If your tenant is month-to-month or in a rental agreement and has lived there a full year, you need to give a 30-day notice. A 2-year lease is 60 days, and more than that is 90 days. If this is problematic for you, keep your leases from 6 months to 1 year in length.
You Need to Follow New York Eviction Laws
Every landlord or property manager needs to understand the New York eviction laws before they try to evict a tenant to avoid legal ramifications.
If you’re ready to evict a tenant and you need eviction moving services, we’re the right Bronx and Brooklyn-based company for you. We provide exceptional service for all of your moving needs.
Check out our New York Eviction & Storage services page and get an estimate today.