New York laws specify three circumstances in which a landlord may evict a tenant early. Even if the situation meets one of them, landlords must take great care to proceed with the removal correctly. Tenants typically do not like being thrown out, so they may seek to take legal action if you do not do things by the book.
Here are the three situations:
Criminal activity
The crime needs to take place on the premises. You cannot just evict someone because you discover they picked up a criminal record. If you believe your tenant is using the place for something illegal, you might want to inform the police. If they collect evidence and charge the tenant with a crime, it reduces the chance the tenant can tell the court you are making it up and have no reason to evict them.
A failure to pay on time
You must wait until five days past the rent due date. You then need to send a letter by certified mail followed by a 14-day notice to pay. If the client has not rectified the situation by the time 14 days are up, you can continue with the eviction process.
A breach of the lease agreement
Typical breaches include keeping pets, smoking on the premises when the contract does not allow it or damaging the property.
First, give the tenant a 10-day notice to comply. That could mean removing the animal, stopping smoking, or repairing the damage. If they do not do so by the time 10 days are up, you can issue a 30-day notice to leave. If they don’t, you can seek the court eviction order.
Getting legal help to ensure you comply with eviction laws increases the chance you succeed.
