Can I evict a tenant in New York State?

Residential Evictions Tenants must submit a hardship declaration, or a document explaining the source of the hardship, to prevent evictions. Landlords can evict tenants that are creating safety or health hazards for other tenants, and those tenants who do not submit hardship declarations.

Why do landlords want to evict you in Buffalo?

In PPG’s soon-to-be-released study of evictions in the City of Buffalo, we found that most eviction cases were for non-payment of rent. When a tenant is unable to pay rent and their landlord wants to evict them, the landlord must demand the rent.

How does a landlord file for eviction in New York?

In order to file for eviction, the landlord must give the tenant a notice. This notice tells the tenant that they have 30 days to correct the lease violation (a change from 10 days). In any eviction case, the tenant or landlord can ask the court to reschedule the case (an adjournment).

Can a judge stop an eviction in New York?

If the tenants do not move out, they will be evicted. The eviction must take place on a business day, during the day. The tenant can ask the court to stop the eviction by making an Order to Show Cause. If this happens, you will have to go back to court to fight this. The Judge will decide if the eviction will be stopped or not.

Can a landlord give a tenant an adjournment in Buffalo?

In Buffalo, landlords are often granted an adjournment, but tenants often are not. The new law gives both the tenant and landlord a right to a 14-day adjournment. This is important for tenants for many reasons. They may be unable to attend the initial court date due to a medical emergency, disability, or other circumstance.

How does a landlord evict a tenant in New York?

However, before the eviction can occur, the landlord must first terminate the tenancy. This happens when the landlord gives the tenant written notice, as required by state or city law. If the tenant does not comply with the notice, the landlord can then file an eviction lawsuit with the court.

Is there an eviction moratorium in New York?

THE NYS EVICTION MORATORIUM WAS EXTENDED TO AUGUST 31ST! In NYS, most tenants CANNOT be put out of their homes before AUGUST 31, 2021 even if they owe rent. To be protected by this law, you must fill out a form that tells your landlord that you lost income or had more expenses during the COVID pandemic, or that moving would be bad for your health.

How can a tenant stop an eviction from happening?

If the court rules in favor of the landlord, the tenant will receive a 72-Hour Notice of Eviction from the City Marshal. This notice will inform the tenant of the day that the Marshal has scheduled his/her eviction. The tenant may stop a scheduled eviction by filing an affidavit with the Clerk of Court.

How to file a petition for eviction in New York?

The petition for eviction and notice of petition may be served via one of the following methods : 1 Giving them to the tenant in person 2 Leaving them with someone who lives or works at the rental unit 3 Posting the petition and notice in a conspicuous place OR under the “entrance door” of the rental unit