**How to Get Rid of At-Will Tenant 2019 NYC?**
As a landlord in New York City, dealing with problem tenants can be a challenging task. If you have an at-will tenant who is causing issues or you simply wish to terminate the tenancy, it is important to understand the legal process involved. Here’s a step-by-step guide on how to get rid of an at-will tenant in NYC in 2019.
1. What is an at-will tenancy?
An at-will tenancy, also known as a month-to-month tenancy, is an arrangement where the tenant pays rent on a monthly basis, and there is no specific lease term or end date.
2. Can I evict an at-will tenant without cause?
Yes, as a landlord in NYC, you have the right to evict an at-will tenant without stating a specific cause. However, you must follow the legal process outlined by the city’s regulations.
3. Provide written notice
To initiate the eviction process, you must provide the tenant with a written notice to terminate their tenancy. This notice must be served in person or sent by certified mail with return receipt requested.
4. How much notice is required?
In NYC, you must provide at least 30 days’ notice to an at-will tenant to terminate their tenancy. The notice period begins on the first day of the following month after the tenant receives the notice.
5. What if the tenant fails to vacate after the notice period?
If the tenant does not vacate the premises after the notice period, you will need to file a holdover eviction case with the Housing Court in NYC.
6. How long does the eviction process take?
The length of the eviction process can vary. It typically takes several weeks to several months, depending on various factors such as court availability and the tenant’s response to the case.
7. Can I offer a financial incentive to encourage the tenant to move out?
While it is not a requirement, offering a financial incentive, such as a mutual lease termination agreement or a lump-sum payment, can sometimes encourage a tenant to move out voluntarily.
8. Can I enter the rental unit without the tenant’s permission?
No, as a landlord, you cannot enter the rental unit without the tenant’s permission unless it is an emergency situation or as otherwise defined by local laws.
9. What if the tenant refuses to pay rent during the eviction proceedings?
If the tenant fails to pay rent during the eviction process, you may file a nonpayment case with the Housing Court to recover the owed rent.
10. Are there any protections for tenants during the eviction process?
NYC has strong tenant protection laws, and tenants have the right to defend themselves in court. They may seek legal assistance, and in certain cases, the court may order a stay or delay the eviction.
11. Can I change the locks or remove the tenant’s belongings?
No, as a landlord, you cannot change the locks or remove the tenant’s belongings without following the proper legal procedures. Doing so can lead to legal consequences.
12. Can I hire a lawyer to assist with the eviction?
Hiring a lawyer who specializes in landlord-tenant law can be beneficial during the eviction process. They can provide guidance, ensure all legal requirements are met, and represent you in court if necessary.
In conclusion, getting rid of an at-will tenant in NYC in 2019 requires following a legal process that prioritizes the rights of both landlords and tenants. It is essential to provide written notice, adhere to notice periods, and follow the necessary court procedures. Seeking professional legal advice can help landlords navigate through the complexities of the eviction process.