Fighting an Eviction Notice in the State of New York: Gathering Info

There’s no fear quite like that of losing your home. When you receive an eviction notice from your landlord, especially if you feel that notice is outside the law, then it may be time to act. The laws governing eviction in the city of New York are different from those governing residences outside the city; in both cases, the law can be complex. In any case, it’s extremely important to analyze the eviction notice; you may want to have an attorney look at it as well to determine your options.

What Kind of Notice Did You Receive?

As stated above, the laws governing eviction notices can vary widely. Whether or not an eviction notice was given to you within the boundaries of the law most often is determined by the notice period, whether the landlord gives you the option to work with them, etc.

Did the Eviction Include a Notice Period?

In most situations, a landlord is required to give you a certain number of days’ notice on an eviction notice, no matter the reason you are being evicted. The main exception to this is if the landlord is evicting you for the performance of illegal activities on the property. The law may allow an immediate eviction in some cases there.

Does the Eviction Give You a Chance to Rectify Any Reasons for the Eviction?

Especially since the legal and government nightmare fallout due to many large banks’ sloppy expediting of foreclosures a few years ago, laws have been passed which may work in tenants’ favor when it comes to eviction. Landlords are, in many cases, required to give tenants the opportunity to rectify any issues that might have contributed to an eviction situation.

What Notice Periods Are You Entitled To?

It is impossible to be comprehensive in elucidating all the various notice periods you may be entitled to if you have received an eviction notice. The situations are too many to list; and the differences between New York City and New York State law are too plenteous. Here’s a basic primer on some of those situations.

Non-payment – In many cases, if you don’t pay your rent, a landlord can give you a notice as short as three days.

No Cause, Month-to-Month: New York City Tenants – 30 days is required.

No Cause, Month-to-Month: New York State Tenants – One month.

No Cause, Month-to-Month: Rent Controlled\Stabilized Tenants – Not permitted.

With Cause – This depends on the situation; can range from immediately to a month.

How Was the Notice Served?

Strict laws additionally how an eviction notice must be served. For instance, a landlord is not permitted to deliver the notice personally. Eviction notices may in some cases be served to some other individual than the owner; but must be followed up via mail and certified with an affidavit.

Whatever your situation regarding eviction, it is best to map out your options with a seasoned attorney. Call the law offices of Neil E. Weissman today at (516) 228-3200 to determine which way to go next.

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