Has your tenant stopped paying the rent? Is he/she not complying with the lease in some way? If yes, then you need a New York eviction notice – a legal form that enables the landlord to inform the tenant that they are ready to take legal actions.
If the tenant doesn’t respond to the initial warning, the landlord can take the issue to court and file a notice of petition. However, before the process of eviction, the landlord should first discontinue the tenancy. The court system of New York has do-it-yourself online eviction forms that the landlords can use to evict the tenant.
What is a New York Eviction Notice?
A New York eviction notice is a necessary and essential component of the eviction process. An eviction can be considered as a court process that a landlord uses to evict a tenant from a mobile home, house, or a rented apartment.
A New York eviction case – sometimes called summary proceeding, is issued when the landlord serves the tenant with a petition and a notice petition. The petition explains the reason behind the eviction while the notice petition contains information related to the eviction, including the place of the court hearing, date, and time.
Depending on the reason behind the eviction notice, a New York state eviction notice can be given either verbally or in writing. As you can probably guess, if an eviction notice is in writing, the landlord can easily prove that an eviction notice was served properly. New York eviction notice is sometimes referred to as a notice to quit.
In addition, all New York state eviction notices must comply with New York’s landlord-tenant laws, federal housing laws, and any statutes and ordinances set by a city or country.
When Do You Need Eviction Notice in New York?
The New York eviction notice can be used against the tenant in two cases. First is the common eviction type where the tenant is given the eviction notice due to failure to pay the rent on time. Note that according to New York’s law, the rent is considered late if the tenant fails to pay the day after it is due.
Suppose the rent is due, the landlord has the option of sending a 14-Day notice to pay to the tenant. With this notice, the landlord has the authority of filing an eviction notice with the court. However, this notice gives the tenant a 14-day time to pay the rent in full and avoid any legal eviction actions.
The second case for New York eviction notice is when the tenant is violating the lease. In this case, the landlord is bound to provide a tenant with two types of notice. The first notice is the notice to cure that the landlord has to give to the tenant for violating the agreement. In this notice, the tenant has ten days to correct the violation of the lease.
The second notice is the notice of termination that the landlord is allowed to give to the tenant if the tenant has not complied with the first notice. This notice of termination is a legal form that informs the tenant about the termination of their tenancy.
What Information is Included in New York Eviction Notice?
A written New York eviction notice contains the following information:
- The name of the tenants or tenant who has violated the lease. One of the most common ways to do this is to make a copy of the signed lease with the name(s) of the tenant(s).
- The date of the notice to quit. This information is crucial because the date, by which the occupant must leave the property or correct the violation is based on this date.
- The address of the property. This includes the city, country, unit number, and building number.
- The reason behind the eviction notice.
- The time duration by which the tenant has to take action.
- The contact information and printed name of the landlord.
- The signature of the landlord.
Conclusion
The New York state requires that landlords have to follow the procedures and rules when evicting a tenant. If done otherwise, the eviction becomes null and void.
Now that you know the importance of a New York eviction notice, you must contact the reliable agency for drafting your eviction notice. You can visit our website CocoSign to find great New York eviction notice templates.