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Does a landlord have to legally evict you in court and have a good reason to do so..???

Ellenville, NY |

can my landlord just order me to leave or must or must he get a court order, i am current on my rent and there are no issues

Attorney Answers 3


Dear Ellenville Tenant:

A landlord must have a basis set by New York State law to commence an eviction proceeding. A landlord is allowed to sue for a claim of unpaid rent but only after serving a written three day rent demand upon the tenant or after making an oral demand for the rent. The tenant keeps the home and prevents an eviction by paying the rent.

When a lease expires in New York State a landlord (any landlord) is allowed to end the month to month tenancy with a proper termination notice and then go to court if the tenant does not move out at the end of the notice period. In Ellenville, the notice is a One Month notice. The proper notice for a monthly tenancy that runs from the first day of the month to the last day, will end the tenancy on the last day of the month following the month when the landlord provides the notice.

So if you have no lease, the law does not require that the landlord have a reason or any issues with the tenant and all the landlord is required to do to bring on a proper holdover proceeding is make a legal termination of tenancy notice and serve the notice on the tenant. If the tenant does not move out when the time is up the landlord has to continue the process in court.

No New York landlord can skip the court process. A landlord is legally bound to use a court of competent jurisdiction to obtain a judgment and a warrant of eviction.

New York State does not allow for private or do-it-yourself or "self-help" evictions. A forced eviction without a court proceeding will subject the landlord to money damages and the operating law, allows for tripling of the damages in favor of the wronged tenant.


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The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Your landlord can't just throw you out. Your landlord has to use the eviction proceedings if there is a legal basis. However, if you don't have a lease it will be pretty easy for your landlord to get you out.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Do you have a lease? If so, your landlord cannot just evict you until the lease term ends, when he is under no obligation to renew it. If you do not have a lease, you are a month to month tenant, and your landlord can serve you with a thirty day notice that he elects to terminate your tenancy, then take you to court. Once you are in court, the judge can allow you up to six months to move (during which time you would continue to pay rent). The judge is not required to give you that much time.

You may want to negotiate with your landlord re paying your moving expenses. If the landlord badly wants you out, let him offer you cash to move.

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