Thursday, March 23, 2023

An Overview of Eviction Processes in New York


 Based in Manhattan, Ariel Soudry is the president of Better Living Properties Management. Over the course of nearly three decades with the company, Ariel Soudry has managed properties in Manhattan, Brooklyn, and other parts of the city.


Property managers in New York City will need to familiarize themselves with court procedures and fees for eviction processes in each district. While these may vary, all New York property managers and tenants are subject to the same eviction standards and regulations.


In a sense, eviction processes begin well before a tenant has even moved into a property. Prior to moving in, tenants must agree to and sign a lease or rental agreement. This document should outline all expectations the property manager has for the tenant, ranging from rent prices and due dates to prohibited behavior, such as having pets or smoking indoors. The majority of eviction cases will be based on a tenant’s violation of one or more of these conditions.


Property managers and landlords typically cannot immediately begin with eviction processes following a lease violation. For example, rent is not considered late until 24 hours after its due date, though some rental agreements may allow for a longer grace period. After rent is officially past due, the property manager must present the tenant with a letter via certified mail that notifies the tenant of the late rent. If the tenant ignores this letter or acknowledges the delinquent payment, the property manager can issue a 14-day notice to pay, which is considered the start of the eviction process.


In New York, tenants can respond to a 14-day notice by either paying the outstanding rent or moving out of the rental, otherwise the eviction process will continue. The specifics of eviction processes vary depending on the violation, but property managers generally must provide tenants the opportunity to amend their violation before being evicted. The main exception to this standard involves a tenant who conducts illegal activities on the property, which allows for immediate eviction.


An Overview of Eviction Processes in New York

 Based in Manhattan, Ariel Soudry is the president of Better Living Properties Management. Over the course of nearly three decades with the ...