As a renter, one of the worst things that can happen to you is receiving an eviction notice. When you get the news that your landlord is beginning the eviction process, you likely feel a sense of dread and confusion. But know that all hope is not lost. You may be able to delay or stop the eviction.
However, before you take action, you should know what the law says and what possible defenses are available to you. Here are some essential pieces of information to know about the eviction process in New York.
Reviewing the eviction notice
When your landlord wants to evict you, he or she will serve you with a notice that explains the grounds for eviction and the appropriate timeline for you to either move out or comply with the notice. Here are the two most common examples:
- Failure to pay rent: Your landlord must provide you with a three-day demand for rent before evicting you for failing to pay. If you do not move out or pay rent within the three-day period, your landlord may begin legal proceedings.
- Violating the lease: If you violate terms of the lease, your landlord must provide you with a 10-day notice that gives you time to resolve the violation. If you resolve the violation, eviction cannot proceed. But if you fail to fix the problem within 10 days, the landlord must serve you with a 30-day notice of termination. If you do not move out within 30 days, your landlord can submit an eviction lawsuit to the court.
But just because you receive a notice does not necessarily mean eviction will happen.
Challenging the eviction
You may be able to defend against the eviction by arguing one or more of the following claims:
- The landlord fails to follow proper eviction laws.
- The landlord fails to maintain the unit.
- The landlord is evicting you because of discrimination.
It may be possible to fight your eviction and stay in your rental unit.
