The end of the eviction moratorium on January 15 has prompted concerns over an eviction crisis. Still, landlords cannot evict without cause or notice.
In New York State, there is a legal process to evict. A landlord must first obtain a judgment of possession in court. Sheriffs, marshals, and constables have the authority to carry out evictions. A property owner cannot simply kick out a tenant.
Some protections for NYS renters come with the Tenant Safe Harbor Act. It says no court shall issue a warrant of eviction or judgment of possession if a tenant has suffered provable hardship during the COVID-19 pandemic.
There are two major types of evictions in New York, according to News 10 NBC. The first is a holdover, applying to those who have stayed past their lease expiration. It requires a proper notice of termination. For tenants who have resided on the property for less than one year, a 30-day notice is required. For tenants of more than one year, 60-day notice is required.
The other type is non-payment, where tenants are most at risk if they have not paid rent. A landlord needs to serve a 14-day Demand for Rent, after which they are free to evict if left unpaid.
Tenants can apply for eviction protection and rent relief through the state, although there are no funds to disperse right now. Governor Kathy Hochul has asked the U.S. Treasury for more funding.
If a tenant fears eviction, they should contact an attorney.
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