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Leases protect tenants from unfair treatment and unreasonable eviction, and can usually only be terminated with cause. However, in some situations, a landlord can evict a tenant without cause, as long as they follow the steps outlined in state and local laws. Understanding your rights and knowing when to contact a real estate attorney will help you defend yourself against illegal evictions.

When Can Landlords Terminate Without Cause?

If a tenant has a lease agreement, landlords must wait until the term expires before asking a tenant to leave, unless they can provide a valid cause. However, if the tenant has a month-to-month agreement, the landlord doesn’t need a reason to pursue eviction. However, they do have to follow the procedures outlined in state law, starting with a notice of termination.

What Is a Notice of Termination?

real estate attorney Whether the landlord doesn’t wish to renew the lease or the tenant has a month-to-month arrangement, they must provide written notice. If there is no lease or the total term is less than one year, New York law requires the landlord to deliver written notice of termination at least 30 days in advance. Tenants with longer-term leases or who have occupied the dwelling for extended periods of time are entitled to 60- or 90-day notices.

How Do You Defend Yourself Against Unfair Eviction?

Fortunately, an eviction notice doesn’t automatically mean you have to leave. Your real estate attorney may be able to claim that the landlord failed to adequately maintain the property, or didn’t follow proper procedures. Discriminatory decisions are also illegal, so you may be able to successfully challenge an eviction if you believe the action is based on a protected status.


 

If your landlord is trying to remove you from your home, Cheryl A Beverson, Attorney At Law has the experience and dedication to protect your rights. With over 20 years of experience serving clients throughout Orange County, NY, you can rely on this real estate attorney to protect your rights and achieve the best possible outcome. Visit their website for more on their wide range of legal services, or call (845) 341-0008 to consult with an accomplished real estate attorney.

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