tenant eviction

What Are Legal Grounds for Tenant Eviction in NYC?

If you are renting an apartment in NYC, you cannot simply be kicked out of your home without any notice. There is a tenant eviction process, and your landlord must have legal grounds to evict you. If your landlord is trying to remove you from your home without good cause, a New York City eviction defense lawyer from our firm may be able to help you.

When Can the Tenant Eviction Process Begin?

The tenant eviction process can only begin once there is a valid legal reason for the landlord to evict someone. Valid reasons include:

  • Nonpayment of rent
  • A lease violation
  • Property damage
  • Illegal activities
  • Overstaying a lease

Even if there is a valid reason to begin the tenant eviction process, the landlord still needs to follow some specific rules in order to legally evict someone.

What Rules Does a Landlord Need to Follow During the Tenant Eviction Process?

First of all, a landlord must give notice. If a tenant does not pay rent, they must be given 14 days to pay, vacate, or make an arrangement with the landlord before a tenant eviction suit can be filed.

If there is a lease violation, the landlord must first send a notice about it and give the tenant 10 days to fix the problem. For example, the lease does not allow pets but the tenant has a cat. The tenant must make arrangements to home the cat elsewhere. If the lease violation is not fixed within 10 days, the eviction can occur.

A landlord also cannot just take matters into their own hands and perform what’s called a “self-help eviction.” This includes actions like changing the locks on the apartment so that the tenant cannot access their home. If your landlord does not follow rules about the tenant eviction process, things like an illegal lockout or lack of notice can be used in your defense.

How Can You Combat an Unfair Eviction?

If you believe that your eviction is not a legal one, then you have to fight back. You will have to go to a hearing and tell your side of the story to a judge or negotiate with your landlord outside of court. An attorney from our firm can evaluate your situation and figure out the best defense against the eviction.

Here’s a good example. Your landlord is evicting you for not paying rent. You did not pay rent, so that is true. However, you withheld rent because your landlord cut off heat to your apartment. Your landlord is legally required to provide a habitable living space and providing heat is a part of that responsibility, so you may have a valid defense for not paying rent.

Talk to an Experienced NYC Eviction Defense Lawyer

So if you are facing an unjust eviction and you need help standing up for your rights, contact Robert Rosenblatt & Associates. We can schedule a consultation and take a closer look at your situation. Then we can advise you on the next steps.

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