Question from Paz, Can a Landlord Evict a Tenant Without a Lease in New York?
Answer from AI:
In general, the rights and obligations of tenants and landlords in New York are governed by the state’s landlord-tenant laws. These laws apply whether or not there is a written lease. However, the specifics can vary depending on the circumstances, including whether the tenant has a lease, the type of housing, and the reason for the eviction.
Understanding Tenant Rights Without a Lease in New York
In New York, a person living in a rental property without a lease is typically considered a month-to-month tenant. This means that the tenant or the landlord can end the tenancy with a written notice of at least 30 days, according to the New York Real Property Law § 232-b.
However, there are exceptions. For example, if the tenant has lived in the property for more than two years, the landlord may be required to provide a longer notice period. Additionally, if the property is rent-stabilized or rent-controlled, different rules may apply.
Eviction Process in New York
Even without a lease, a landlord cannot simply kick a tenant out. The landlord must follow the legal eviction process, which includes:
- Serving the tenant with a written notice to quit.
- If the tenant does not leave, filing an eviction lawsuit in court.
- Winning the eviction lawsuit.
- Obtaining a warrant of eviction from the court.
- Having a law enforcement officer enforce the warrant.
It’s important to note that it is illegal for a landlord to try to force a tenant out by changing the locks, shutting off utilities, or other “self-help” eviction methods, according to the New York State Attorney General’s Tenants’ Rights Guide.
When to Seek Legal Advice
If you’re facing a potential eviction, it’s a good idea to consult with a legal professional. They can help you understand your rights and options, and may be able to help you negotiate with your landlord or represent you in court. Legal aid organizations in New York may be able to provide free or low-cost assistance.
Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.