EVICTION Notice Requirements
Hello Sage Brownstoners. Often I’ve received great advice here so I figured it’d be a decent idea to come back around for more. My situation, in a nutshell, is that I find myself exploring the notion of evicting a tenant. The property is not rent-controlled/stabilized in any manner. It is wholly owned by me. The tenant has no current lease (month-to-month for years). I do understand that continuing to accept their rent is an “implied lease” and as such, I will uphold my end of that bargain. I have done some research and I see conflicting information about whether or not the landlord has a duty/requirement in NY to inform the tenant of the reason for eviction and/or allow them to “cure” it? In this instance, there is no “cure” that I am willing to make available and – for the sake of brevity here – it can be simply parsed down to I believe our time in business together has come to a close and I’d like to terminate the “implied lease”. I intend to offer 60 day notice – however I strongly doubt the Security Deposit will be refundable given the scope of damages over time. So, the questions: – Can I simply deliver a notice of eviction (Notice to Quit) without having to itemize/detail my reasons while not breaking a law? – Should this be treated more as an Un-Renewed/Terminated Lease rather than an eviction (in that, in that case I have no obligation to provide explanation nor cure)? – What might be the best resource for such a document(s)? Gently tangential thoughts are also welcome, as this is the kind of thing I’ve not had to do in many years of ownership and I’m quite sure I’m forgetting something. Thanks in advance.
MyGoodEye
in Landlord 9 years and 10 months ago
3
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3 replies
MyGoodEye | 9 years and 10 months ago
I greatly appreciate both of you! Thanks for your answers.
resident2 | 9 years and 10 months ago
If the building is not a rent stabilized building: (no tax abatements and not six families or more etc)and the tenant is not rent controlled, and assuming the tenant did at some point have a written lease that expired and you just kept the relationship going as a month to month tenancy. You do not need to give any reason and in fact it is best not to give a reason that could be disputed or negotiated etc. You just need to give the tenant one months notice to quite. Meaning; that if the rent is due on the first of the month, you must serve the tenant with a written one months notice no later than the last day of the month before the rent is due on the first, that the month to month lease is canceled as of this date and that the tenant has until such and such a date to vacate the apartment.. If you have a reasonable relationship and or you think the tenant is co-operative and responsible, you can do this yourself. Deliver it to the apartment and send it by certified mail, return receipt. If on the other hand, you think it is going to be an issue with this tenant, then have a landlord / tenant attorney do it from the start. If the tenant is not out after you have served the tenant with notice and you need to escalate this to a court case, the first thing a tenants lawyer will dispute is if the tenant was properly served the one month notice, so you may be at square one if you did it yourself and not through an attorney, the attorney should keep proper service records etc. Once you have served the notice, the tenant will claim they need more time to move. If the tenant is someone that you have had a decent communicative relationship with; I would always explain to them, that the rents only get higher the closer to the end of the summer you get, but more importantly if it goes to court, it will show as a record in their name that a landlord has had to evict them. If it does escalate to what is then called a holdover proceeding; a judge can give the tenant up to six months to move so long as the rent (use & occupancy) is paid on time. The use and occupancy is normally based on the current rent, so it is sometimes done that you give the tenant a one month notice of a large (market rate) rent increase first and see if that encourages them to move, it will certainly open a conversation to them moving. Many landlords use the excuse that a family member needs the apartment. But I find it is best not to give a reason, it normally leads the conversation in the wrong direction. You have every rite to give one months notice for them to leave, just as they have a right to give you only one months notice if they want to leave.
slopefarm | 9 years and 10 months ago
You might get good advice here, but might really be worth a consultation with an attorney. this is the kind of thing you need to get exactly right — the right form, the right words, the right manner of service, the right proof etc., just in case tenant wants to contest the eviction. You don’t want to reinvent the wheel here.