If you are a renter in the state of New York, you should know your rights as a tenant, especially when it comes to evictions. Although the specifics of the law vary based on whether you reside in or outside of New York City, the basic rules remain the same regardless of where you live. Knowing the regulations landlords are held to when it comes to removing a tenant will help you fight an unjust eviction. 

4 FAQ About Challenging a New York Eviction

What Is the Process for Legally Evicting a Tenant?

Under New York law, all eviction cases must go through Housing Court. Proceedings begin when a landlord provides the tenant with a written notice. Next, a dispossess case must be filed with the court and the complaint officially served to the tenant. A hearing date will be set where the tenant is given an opportunity to contest the eviction and present evidence in their defense. If the judge rules in the landlord’s favor, they will receive a Warrant of Eviction. 

What Are Grounds for Eviction?

Before serving an eviction notice, a landlord must establish that they have grounds to do so. The most common reasons to evict a tenant are for nonpayment of rent and lease violations. When renters fail to pay rent, landlords must give them a three-day notice to pay or move out, after which the proceedings begin. If a tenant violates their lease agreement, the landlord must give them a 10-day notice to fix the violation; otherwise, they will be served a notice of termination. 

What Are Common Defenses? 

First, any attempt a landlord makes to remove a tenant from the property without going through the proper legal process will be deemed unlawful. Renters may also withhold rent without the threat of eviction if a landlord does not maintain the rental unit in good condition. Additionally, landlords are prohibited from evicting a tenant based on discrimination. 

How Can a Lawyer Help Fight an Eviction?

If a renter believes they are evicted illegally, an attorney will ensure tenants understand their rights and help them build a strong argument based on facts. They will determine which defense is most suitable under the circumstances and present a compelling case on the tenant’s behalf. 

In cases involving tenants’ rights, the most informed renters have the best odds of coming out victorious. Cheryl A. Beverson, Attorney At Law has earned a solid reputation for successfully representing Middletown, NY, residents who are faced with eviction. She has served as a real estate attorney for over 20 years and has extensive knowledge of landlord-tenant laws. Call (845) 341-0008 or fill out an online form to discuss your situation.