No one signs a lease with the intention of violating its terms, but life is unpredictable, and evictions are sometimes necessary. Landlords cannot simply kick out tenants if they violate the lease, though. Every state has strict procedures for evicting occupants, and property owners who do not follow them could end up facing legal issues of their own. Here is what both landlords and renters in New York should know about the eviction process. 

The Landlord’s Obligations

In order to evict tenants lawfully, landlords must first provide written notice detailing the violation. The rules regarding this notice vary, depending on the circumstances. For example, property owners must give occupants who fail to make rent three days to pay in full or move out. If the renter has not paid or moved out after three days, the landlord may commence with an eviction lawsuit. 

If, on the other hand, the tenant has violated the terms of the lease, the landlord must give 10 days to remedy the situation. If the occupant fails to fix the issue, the owner can then give notice of termination, which allows for 30 days to move out. The landlord may only file an eviction lawsuit if the tenant has not vacated the unit after 30 days have passed. 

The Tenant’s Rights 

Even if tenants did, in fact, violate the terms of the lease, they still have certain rights during eviction proceedings. For example, landlords cannot turn off the utilities or change the locks in an attempt to get the occupant to leave. Often called “self-help” eviction, such an approach can result in a suit against the property owner, who will be responsible for any damages the tenant incurs. Additionally, landlords must make a reasonable effort to return abandoned property that occupants leave behind. If the tenant does not come back to claim it after a certain amount of time has passed, the property owner can then sell it or dispose of it. 

If you’re facing a landlord/tenant dispute following an eviction, get in touch with Cheryl A. Beverson, Attorney At Law. Based in Orange County, NY, this seasoned lawyer has more than two decades of experience in the legal field. In addition to civil litigation, she assists clients with divorce, child custody, adoption, estate planning, traffic violations, and real estate transactions. To schedule an initial consultation, reach out on her website or call (845) 341-0008.