Landlord Tenant Form
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What can't a landlord do in New York?
New York landlords must follow a strict legal process for evictions, which includes serving proper notices, filing a court action, and obtaining a court order before an eviction can take place. Self-help measures such as changing locks or physically removing a tenant are illegal.
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What is a notice of petition for eviction in NY?
The Petition says who the landlord/owner is; who you are and how you came to live there; the address of your rented home; the reasons the landlord/owner is starting the case; the amount of rent the landlord/owner is asking the court for in a judgment against you; and a request that the court order your eviction if you ...
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Can a landlord evict you without going to court in NY?
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
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How long does the eviction process take in NY?
The eviction process in NYC can take anywhere from a few weeks to several months, depending on the circumstances. After serving the initial notice, landlords must wait for the notice period to expire before filing with the court. Once in court, delays can occur due to adjournments or appeals.
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What is a notice of petition in NY?
A Notice of Petition and Petition initiates an action by a Petitioner and is to be served in the same manner as a Summons and Complaint. A Request for Judicial Intervention must accompany the documents. There is a return court date for Respondents by which they must answer.
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How much time does a landlord have to give a tenant to move out in NY?
In New York 5 Page 9 City, 30 days' notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.
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What is the new eviction law in New York state?
Under the new Good Cause Eviction law, New Yorkers have the right to continue living in their homes without fear of unreasonable eviction or extreme rent increases. In many situations, tenants of market rate housing will now be covered by more expansive protections. Read below for details.
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What is the new eviction law in NY?
Tenants covered by Good Cause cannot be evicted unless the landlord proves in court that there is “good cause.” Good cause includes: The failure to pay rent. Violating a substantial term of their lease that is not corrected within 10 days after being given a notice to cure. Engaging in nuisance conduct.
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