Termination Of Tenancy Cases
Navigating Termination Of Tenancy In New York: What You Need To Know
Are you a landlord or tenant exploring the termination of a tenancy in New York? Since the overhaul of landlord-tenant laws in 2019, a 30, 60, or 90-day notice is required and can take over a year in court to complete. Learn more about these landlord-tenant laws and how they shape the termination of tenancy in New York, including:
- The process for terminating a tenancy.
- Penalties for terminating a lease agreement before its expiration date.
- Whether a landlord needs a reason to terminate a tenancy.
What Is The Process Of Termination Of Tenancy In New York?
The exact process of termination of tenancy in New York depends on several factors. Primary factors include how long the tenant has lived in the property and whether a lease is in effect. Landlords must serve a 30, 60, or 90-day notice on the tenant before terminating the tenancy.
How Much Notice Does A Landlord Need To Give A Tenant Before Termination Of A Tenancy?
30, 60 or 90 days, depending on how long the tenant has been there and whether a lease is in effect.
Can A Landlord Terminate A Tenancy Without A Reason In New York?
Generally, if a lease is not in effect, a landlord can terminate a tenancy for no reason. If there is a lease, it will specify on what grounds the landlord can terminate the tenancy. There are other exceptions to this, including:
- Rent-stabilized housing;
- Rent control housing;
- Government subsidized housing.
If the landlord has accepted a back rent payment under various programs, they must have a reason to evict a tenant, even if a lease is not in effect. If this is the case, the reason must be a breach of lease provision if there is a lease or something that rises to the level of a nuisance under New York state law.
Can A Tenant Terminate A Lease Before It Expires?
Whether a tenant can terminate a lease before it expires depends on the lease. If it allows the tenant to do so, they can. Otherwise, a tenant cannot single-handedly terminate a lease. Terminating a lease would require an agreement between the landlord and the tenant.
The penalties for this have recently changed. If a tenant moves out before the lease agreement ends, a landlord must diligently try to re-rent the apartment. A landlord can only sue a tenant for the loss caused by the tenant violating the lease. They cannot sue the tenant if they can re-rent the apartment at the same rate without any vacancy. For example, if the apartment was vacant for a month, they could sue for the one month’s rent they would have received from the tenant.
For more information on the Termination Of Tenancy 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.