Understanding Landlord-Tenant Disputes In New York
Are you a landlord going through a landlord-tenant dispute in New York? The process for landlords to collect non-payment has changed significantly in recent years. Understanding your rights and options is critical with the added complications of the COVID-19 pandemic. Continue reading to learn essential things, including:
- The amount of notice required before starting the eviction process.
- What you need to know about charging late fees.
- The timeline for eviction.
What Steps Must Landlords In New York State Take To Recover Unpaid Rent From Their Tenants?
Many statutes regulating landlord-tenant disputes in New York have recently changed significantly. These were amended in the summer of 2019, but further changes came shortly after due to the COVID pandemic. Some of the regulations have since been relaxed and returned to as they were pre-COVID.
After the period for the rent tenant has passed, a non-payment petition has to be filed and served on the tenant. Then, any subsequent demands for rent must be served on the tenant. Before changes to the law, landlords could simply make an oral demand for rent. Now, a written demand must be served on the tenant. In addition, there must also be a certified mail letter from the landlord stating certain things.
A change from COVID that has stayed in effect is that essentially all tenants get a free consultation with a lawyer when they appear in court. Most are represented by a lawyer now as well. During the several court appearances they face, their lawyer can make motions. Often the parties reach a settlement where the tenant gets a certain period to pay the back rent. If no such settlement is reached, there will eventually be a trial, which has a much longer process than it used to.
How Much Notice Does A Landlord Need To Give A Tenant Before Starting An Eviction Process For Nonpayment Of Rent?
The nonpayment demand for rent, the written notice to be served on the tenant, is now a 14-day notice. This 14-day notice does not include the time it takes to serve the papers, requiring roughly an additional week for service.
Can Landlords Charge Late Fees For Nonpayment Of Rent?
Technically, landlords may sue for late fees, but the changes made to the laws in 2019 make it very difficult to do so successfully.
Can Landlords Evict Tenants Immediately For Nonpayment Of Rent?
Landlords cannot immediately evict tenants. With changes to laws regulating landlord-tenant disputes in New York, it takes months to evict a tenant, even if they default and do not show up in court. If they do show up in court, it ironically takes even longer. In general, the process can take approximately six months to a year.
For more information on Landlord-Tenant Disputes In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.