A Trial Attorney Ready To Assist You Or Your Business

Landlord and tenant rights regarding eviction and unlawful detainer

On Behalf of | Jul 26, 2022 | Landlord/Tenant, Real Estate

New York is a state that’s full of amazing rental properties. With that said, the relationship between a tenant and landlord isn’t always guaranteed to go well. If a tenant and landlord can’t see eye-to-eye, the latter might try to evict the former. Here’s more information about how landlords can evict tenants through an unlawful detainer.

When can a landlord evict a tenant?

Under New York real estate law, there are many reasons why a landlord can evict a tenant. With that said, most evictions happen for a few main reasons. Most often, a landlord evicts a tenant over past due rent payments. Other reasons for eviction can include tenants breaking the lease agreement with pets or extra guests. A landlord also has the right to evict a tenant if an illegal activity takes place on said property.

What an unlawful detainer does

There is a way for a landlord to potentially evict a tenant as fast as possible, which is known as an unlawful detainer. Typically, landlords create unlawful detainer cases if a tenant refuses to leave or stops paying rent.

For this type of case to begin, a landlord must file an official petition with their local court. Next, the tenant would receive a notice containing the relevant court documents. In certain areas, tenants have the right to a jury trial should they request it. Should the landlord win the right to evict, their tenants must receive adequate notice. This notice gives tenants time to pack their belongings and vacate the premises.

Archives