You can file an eviction if a tenant declines to vacate the premises after the service of a proper notice to the tenant. Whether or not a notice is “proper” is determined by law and by the lease. There are different kinds of notices are required depending on the basis for the termination. For example, a notice that terminates due to the nonpayment of rent is a different notice than a notice based on criminal activity.

Any and all evictions begin with a proper notice that tells the tenant to vacate the premises. When the notice expires, an eviction Petition is filed with the Clerk of the County Court.

A landlord can evict any tenant who fails to comply with the terms and conditions of the lease.

It’s very important that a proper notice be served by anyone other than the Landlord.  Different types of notices are required depending on the reason for the termination.  For example, a notice that terminates due to the nonpayment of rent is a different notice than a notice based on criminal activity.  The wording of the notice is important.  You should let a legal professional review the notice before issuing it to the tenant.

Your lease may tell you how to serve the notice.  Check its language.  If your lease does not give you specific direction on how to serve the notice, then you can do one of the following:

1. Hire a Process Server to hand it to an adult who lives at the property; or
2. Post it on the door to the property, but the Landlord should not serve the notice.

The law permits you to post and mail the notice to the tenant after several attempts are made.  However, using the mail means special rules apply to the deadlines contained in the notice.  Do not use the mail for the service of a notice without first getting legal advice.

If you are posting the notice on the door, be sure to fasten it securely to the door so that it does not blow away.

A three day notice is the most common type of notice.  It is used only in situations where the tenant has failed to pay rent.  The notice tells the tenant to either pay the rent within three days or vacate the premises within three days.

The language on the three day notice must be very precise.  Not all forms that one finds on the internet are valid under Florida law!

The three day notice can demand only the rent that is due as of the date the notice is served.  It cannot include amounts that are not rent.  It cannot demand rent that will become due tomorrow or due any time in the future.

A tenant has the absolute right to pay you the full amount of rent due within the time frame of the three day notice.  A Landlord must accept the rent if it is payed to you within the three day time period.  If the three day time period has passed, you can refuse the rent.

A Landlord does not have to accept partial payment after you have served a three day notice.  However, you do have to accept rent if the amount offered is the total amount that was demanded on the notice.

A Landlord can collect late fees only if it’s indicated in the terms of the lease.  If there is no written lease, then you cannot collect late fees.

It varies depending on the reason for the eviction, how busy the court is, and whether the tenant disputes your claims in court.  Generally, an eviction for nonpayment of rent where the tenant does not file a defense to the case, can take about a month or so until judgment is entered.  If a writ of possession must be issued and served to make the tenant move, then about another several weeks can be added to that time.

The lease agreement should indicate how payment is to be made.  If your lease says you can refuse cash, then you can refuse cash.  Otherwise, the Landlord must accept it.

The short answer is no the eviction is a lawsuit and it can be filed by an attorney or by the individual landlord who will then represent himself in court. You can also use evictatenantnow.com

A property manager can file some evictions.  The property manager can file an eviction based on nonpayment of rent, provided the lawsuit does not seek a money judgment and provided that there is something in writing showing that the property manager has the owner’s permission to file the eviction.  Also, the property manager is only entitled to file the eviction and then submit paperwork for a default judgment to be entered.  The property manager cannot act as the “lawyer” at a hearing or file any other papers.

If the landlord wishes to file his own eviction, you can find the forms you may need here www.evictatenantnow.com/forms/

There are pros and cons to having an attorney handle the eviction.  The attorney is most familiar with the eviction process and can most ably handle the filing of the required papers.  The attorney is on the frontline, able to handle any defense asserted by the tenant and any problems that may arise, but can be quite expensive. If you want the same expertise and professionalism for a fraction of the cost see www.evictatenantnow.com

No. The Landlord is obligated to repair and maintain property is completely different than the tenant’s obligation to pay rent.  If the tenant has not paid rent, then the Landlord should serve a three day notice.

Yes. While an eviction notice is a formal document the tenant has the opportunity to file an answer to the eviction complaint.  In that answer, the tenant can list the reasons why the eviction should not happen.  These “reasons” are then heard by the judge.  However, the tenant is only entitled to have the judge consider the defenses if the tenant has deposited the rent that is owed.

Just like the landlord is entitled to hire an attorney, the tenant can retain an attorney as well.  

All lawsuits are filed with the “Clerk of Court”.  All judgments are reviewed and signed by a judge. However, not all cases go through a hearing or trial.  In fact, most evictions do not require a hearing or trial.  If the tenant fails to file an answer or fails to deposit the rent that is owed, a “default” will be entered and, following that, a “default judgment”.  For those cases where a default is entered, there is usually no hearing or trial. 

If the tenant deposits the rent that is owed into the Court Registry, then a “final hearing of eviction” or an “eviction trial” will be scheduled.  At that final hearing, the judge will decide if the landlord is entitled to get back possession of the rental premises.  The landlord must be prepared to prove his case at the final hearing with witnesses and exhibits.  The tenant will have the chance at the final hearing to present proof why he should not be evicted.

The tenant can file a bankruptcy case at the bankruptcy court.  Once the bankruptcy case is filed, all collection efforts must stop.  That means that the eviction must stop until the bankruptcy judge gives permission for it to proceed.  Getting that type of permission is not difficult but generally requires the assistance of an attorney who is admitted to practice in that court.

In all NYC Housing Courts there are alot of cases that states that the Landlord is not entitled to any legal fees awarded

Yes.  However, you will need to show what the oral agreement was about the tenancy.  How much is the rent and how often was it to be paid?  On what day was rent due?  Those facts have to be alleged in the eviction complaint and then proven to a judge.

A notice of non-renewal can be served to the tenant and will be valid if it gives the tenant a sufficient number of days “warning” that the lease will not renew and if it tells the tenant to vacate on the last day of a rental period.

How many days must the notice give?  Look first at your lease.  It may tell you how much notice must be given for a nonrenewal.  If your lease does not contain such language, or if there is no lease, then the following rules apply:

• If the rent is paid on a monthly basis, then give not less than 15 days’ notice prior to the end of any monthly period
• If the rent is paid on a weekly basis, then give not less than 7 days’ notice prior to the end of any weekly period.

No. You can non-renew a tenant for any reason, as long as it is not retaliatory or discriminatory.

This answer may be different if the rental property receives the benefit of a rental assistance program or other government benefit.  Consult with an attorney if you are not sure.

You cannot serve a Three Day Notice until AFTER approx May 18 due to the Governor’s ORDER

Due to the Governor’s order signed on April 2, no evictions for Nonpayment of Rent can be filed until after May 18, 2020

No. A landlord could be sued for forceful eviction of a tenant if they skip the proper eviction processes.

In the state of New York, tenants can sue their landlord for the following amounts:

Three times the actual damages
Civil penalties ranging between $1,000 to $10,000
As another consequence of forceful eviction, the statute allows tenants the right to stay in the property.

Self-help eviction is illegal. Examples of such acts include (but are not limited to):

Cutting off the tenant’s electric, water, and/or heat supply
Changing the locks to prevent the tenant from entering the property
Vandalizing or destroying the tenant’s property

What are the potential penalties for a self-help eviction?
According to New York Civil Code, you may be liable for Tenant’s Court Costs & Attorneys’ Fees. The statute also gives the tenant the right to stay.

A tenant can sue you for actual damages plus violations. Tenants may ask for an injunction prohibiting any further violation during the court action.

According to New York Civil Code, you may be liable for Tenant’s Court Costs & Attorneys’ Fees. The statute also gives the tenant the right to stay.

A tenant can sue you for actual damages plus violations. Tenants may ask for an injunction prohibiting any further violation during the court action.

Landlords should be aware of the changes made to the Eviction Policies in the state of New York. Especially in the light of the COVID-19 pandemic.

It is also wise for landlords to check out laws on Security Deposits. These deposits protect the landlord in case the tenants violate any terms in the lease/rental agreement or fail to pay their rent.

Other than that, tenants are protected by Rental Laws in the state of New York. Landlords should check out laws about raising rent prices, regulation of late fees, and the like.