Real Estate

Business & Commercial

Co-op & Condo

Landlord & Tenant

How can a landlord evict a tenant?

| Jul 5, 2021 | Landlord/Tenant Matters

When things do not work out in a rental agreement, landlords may need to consider evicting their tenants. New York City provides tenants and landlords considerable legal rights, so any eviction can only happen if it complies with the relevant rules.

There is currently a moratorium due to expire at the end of August 2021 on residential and commercial evictions. It does not, however, mean that evictions are impossible. To use it, a tenant must show hardship due to the current health situation affecting the world.

Evictions can take time as there are strict procedures to follow

For an eviction to go ahead in regular times, a few things need to apply:

  • The landlord has grounds for eviction: Not paying the rent is the obvious one as it is the basis of the relationship — the tenant pays the landlord rent in exchange for the use of their property. When tenants sign a rental agreement, they agree to certain conditions and standards of behavior. Breaching these may give cause for eviction, provided the requirements are legal in the first place.
  • The landlord follows the correct eviction process: Landlords must notify tenants and give them time to remedy the issue. For example, they must allow 14 days for a tenant to pay overdue rent or leave. Only then, after the period specified by law, can a landlord begin the eviction process.

Beginning the eviction process does not mean knocking at the door with two off-duty nightclub bouncers and telling the tenant to pack their things. Eviction is a legal process more than a physical one. Like all legal processes, a tenant has a right to challenge it, especially if they think the landlord has made procedural errors.

Archives