Q NYC Landlord Eviction FAQs
How do I evict someone for a reason other than rent?
A Landlord may start a holdover case in Housing Court to evict a tenant or another person (an "occupant"). A holdover case is started for a different reason than nonpayment of rent.
Do I need a reason to evict a tenant that I don’t like?
Not if the lease has ended or if the tenant has no lease. If the lease is not over you must have a legal reason to evict the tenant, e.g., a breach of the lease.
What do I have to do before I can start a holdover case?
Nothing if the lease has ended and you haven’t taken any rent after the end of the lease. But, if the lease has not ended you must give (serve) the tenant a written notice before you can start a case. If the tenant or occupant has no lease you must give (serve) the tenant a written notice.
There are different written notices and you must give the tenant the right one. The written notices are called a Notice to Cure, a Notice to Quit, and a Notice of Termination.
My tenant has done something that is not allowed by the lease, what notice do I have to serve?
If the tenant has done something that is not allowed by the lease, e.g., harbors a pet or is too loud, you must give the tenant a written notice called a Notice to Cure. A Notice to Cure tells the tenant what he or she is doing wrong and gives the tenant 10 days to fix the problem.
Important! If the tenant doesn’t correct the problem by the deadline in the notice, you must give the tenant a second written notice called a Notice of Termination before you can start a case.
My tenant never had a lease, and is supposed to pay me every week or every month, what notice do I have to serve?
Notice of Termination.
What is a Notice of Termination?
A Notice of Termination is given to a tenant to end the tenancy. The notice tells the tenant:
- the reason;
- the date that the tenant must move; and
- that a case will be started if the tenant doesn’t move by the deadline.
How much time do I have to give the tenant in the Notice of Termination?
If the tenant pays rent weekly, give the tenant at least 7 days notice to leave. If the tenant pays rent monthly, give the tenant at least 30 days notice to leave.
The last day in the notice must be the last day of a rental period. For example, if the tenant pays rent on the 15 of every month then the last day should be the 14 of the month, or if the tenant pays rent every Monday then the last day should be on a Sunday.
What do I do if the tenant tries to pay the rent after the deadline in the Notice of Termination and before I start a case?
Taking the rent cancels the Notice of Termination and restarts the tenancy. The tenant can tell this to the court and your case will be dismissed.
There is someone living in the home that I didn’t rent to, what notice do I have to serve?
A Notice to Quit. A Notice to Quit tells the occupant that he or she has 10 days to move and gives the reason that the occupant has to move. The reason is either that the occupant has to move because he or she:
- is a licensee that the tenant invited to live in the home without your permission, or
- is a squatter that started living in the home without anybody’s permission.
If the occupant doesn’t move out by the deadline in the notice, you can start a holdover case.