According to recent statistics, New York City has more than 3,469,240 housing units. Owners occupy 1,038,200 of them, while more than 2,100,000 are renter-occupied.
In New York, a landlord can ensure the tenant leaves the premises for many reasons, but the landlord must end the tenancy before they opt for eviction.
Landlords must be cautious about abiding by New York’s rules and regulations regarding eviction to ensure eviction’s legality.
Continue reading below to discover the legal considerations when contemplating tenant evictions in NY and where to turn for legal assistance.
Why are Evictions Necessary?
First of all, New York’s landlords are the tenants’ first point of contact regarding everything related to the residency.
In most cases, renters will fulfill their rent obligations and have no issues using the space they rent out. But, there are more and more cases where rent is overdue, and renters simply can’t find the means to make rent. In such cases, the landlord has to turn to eviction.
In the state of New York, a landlord can evict a tenant only if they have presented the tenants with court proceedings and have attained a deed of possession from the court. A marshal, a sheriff, or a constable can accompany the landlord while carrying out a court-ordered eviction.
Landlords cannot evict tenants forcefully or by using illegal means. Skipping rent, dealing with less conscious renters, and many other reasons make landlords resort to evicting tenants.
How to Proceed With Eviction?
Not many people know, but the courts in New York consider eviction as the absolute last resort. Landlords should practice and use all means available to reason with the tenants before turning to eviction.
Talking to the tenant and giving them insight into what can happen if they continue not to pay rent or carry on with violating their contract can prove to be enough to turn things around.
You need to remember a few things to ensure you have taken all legal precautions into effect before eviction. Evicting someone is never easy, so it’s essential to do it correctly.
- Provide written notice of rent due or violations of contract;
- File the eviction petition in court;
- Enforce trial, judgment, and execution.
After you ensure you’ve taken all the necessary legal precautions, maybe with the help of legal service providers like Serve Index, it is up to the court to issue an eviction notice. A state legal representative will then serve it to the tenants and provide a 6-day period to vacate the premises.
Let Professionals Like Serve Index LLC Handle Eviction Notices
Turning to us at Serve Index LLC to help you with the unpleasant matter of evicting a tenant can help you bypass the running around courts and submitting proofs of possessions and legal documents acknowledging contract violations.
Besides handling the eviction process for you, we can also help you with other legal services like domesticating subpoenas, retrieving documents, and other legal matters.
Contact us via e-mail or call and have our team of dedicated legal professionals guide you.