Simple Guidelines for Tenant Eviction Without a Lease in New York
In New York, there are various reasons a landlord can evict a tenant. In instances where there is a written lease agreement, the contract must be terminated first before a landlord evicts the tenant. This should be done legally, through a written document, as required by the city or state law. In the event that the tenant refuses to comply with the notice, then an eviction lawsuit can be filed in court by the landlord.
A tenant can be evicted for the following reasons:
If the lease is up or about to expire and the landlord will not renew the contract. A 30-day notice must be given in advance if the lease is less than one year, and 60-day notice for a lease agreement that was for at least one year but less than two years. If the contract was for two years, then a 90-day notice must be given to the tenant. No notice means the tenant cannot be evicted.
- If rent is owed and the tenant has been served with a 14-day notice
- If the tenant has seriously violated the terms of the contract, and the term indicates that the lease will be terminated once a violation has been made
What about in cases when there is no formal lease agreement?
What are the processes involved in evicting a tenant without an agreement? First, let us understand why a tenant or a landlord would prefer to subject themselves to a non-contractual tenancy arrangement.
As a landlord, eviction is probably the worst part. For a landlord, the process can be tedious, plus the stress that comes along with finding replacement tenants can also be pretty hard to bear.
In the real world, some exceptions may necessarily exist, but most decisions associated with the absence of a formal document all boil down to stability and freedom. Some tenants opt out of the lease agreement because they are probably moving locations every now and then or maybe they are only trying out the area. For landlords, no lease agreement means less hassle and an easier time with the whole eviction process. Eviction rules and processes in New York often come with strict guidelines. Without any regulations, landlords can have more freedom to proceed with the eviction.
So how can landlords evict a tenant without a lease?
While eviction without a lease is a possible case, landlords must still comply with some conditions. If there is no written lease and the tenant pays rent on a monthly basis, eviction can only be done if:
- Rent is owed and 14-day notice has been given
- The landlord gives a full month’s notice indicating that the month-to-month lease will not be renewed
- The landlord must be able to prove in court that rent is owed and proper notice has been given for the eviction process to proceed.
Some important things to consider when evicting a tenant without a lease:
The notice must be done in writing and should include the following information: all of the tenants’ names being evicted, any outstanding financial obligations or debts, to whom the tenant should surrender the property, and an indication of whether the contract was a lease or oral.
Tenants have their own rights, which is why during an eviction, they must be notified that they have the right to contest in court. Property managers acting on behalf of the landlord must legally notify the tenants of this information.
In New York, three attempts must be done to hand-deliver the notice before it can be left at the property or mailed. Delivery does not mean simply sliding the notice at the door.
Eviction is not an easy task, and it can get confusing at times. Between court document filing to getting a sheriff’s deputy and going through all the legal hoops, eviction can be a horrifying experience for the landlord. Let True Management NYC take that burden away from you. Speak with us today for a hassle-free tenant eviction process.