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Which Lease Violations Can Lead to Eviction in NYC?

If you violate your lease, you can legally be kicked out of your apartment. So it’s important to know what can qualify as lease violations in New York City and what to do when you are falsely accused of violating your lease agreement. A New York City eviction defense lawyer from our firm may be able to help you.

What Are Some Examples of Lease Violations?

There are a few common lease violations that can serve as grounds for eviction in New York City. Some reasons for evicting include:

Illegal subletting: You can sublet your apartment, but you have to do it in a legal way with your landlord’s permission. Just subletting your space to someone and not saying anything is a violation.

Having a pet: Pets can cause extra damage or make noise, so some landlords do not allow them or charge an extra fee. If your lease does not allow pets and you secretly keep one, that is going to be a problem.

Renting out your apartment: Similar to illegal subletting, you are likely violating your lease if you are renting out your apartment on short-term rental sites like Airbnb.

Not letting your landlord in: You have a right to privacy, but your landlord has a right to come into your apartment to make necessary repairs or improvements. Continue to bar your landlord from entering and you could be in violation of your lease.

How Can a Landlord Notify a Tenant About Lease Violations?

A landlord cannot just evict you for lease violations though. They first must send a “Notice to Cure.” This gives a tenant 10 days to fix a violation. Address the lease violation and you can stay in your building.

If someone does not comply with the notice to cure, then the landlord can send a “Notice of Termination” and inform the tenant of the need to move out. If they do not move, then eviction proceedings begin.

Do I Need an Attorney?

You may want to hire an attorney when accused of lease violations. If you are being falsely accused of violations, that can be a stressful situation. Even if you receive a notice to cure, it’s impossible to fix an issue that does not exist.

A lawyer can also help you if the landlord has reason to evict, but does not follow proper procedures. If your landlord tries to lock you out by changing the locks, known as a “self-help eviction,” that is not legal. If there are other issues, like the landlord not keeping your apartment livable, that is another matter we can help you address.

Contact Our Tenants’ Rights Lawyers

If you have been falsely accused of committing lease violations or your landlord has not followed proper eviction protocols, we may be able to help you. Contact Robert Rosenblatt & Associates to schedule a free consultation with our team. We will hear you out and help you find the best path forward.

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