I have a tenant who did not give me the money for any rent/ deposit they are living there for less than 15 days is there any rul

Asked almost 2 years ago - Jamaica, NY

is there any 30 day eviction rule where the court is not required

Attorney answers (2)

  1. Glen P. Malia

    Contributor Level 11

    Answered . To answer your question--NO. In NY a tenant can only be evicted after bringing an eviction action (summary proceeding), getting a Judgment and Warrant of Eviction, and having the enforcement agency serving the Warrant with a 72 hour notice.
    If you allowed the resident into the apartment with the anticipation that he would be your tenant and pay rent then that person is deemed a tenant and not a trespasser or licensee and therefore a court proceeding must be commenced. In addition, before starting an eviction proceeding for non-payment a demand for rent must be made.
    Find the BEST landlord attorney you can and hire him/her to represent you. NYC Housing Cout is biased toward the tenant and if you want to get this person out you need someone who knows what he/she is doing.

  2. Guy Irvin Wade III

    Contributor Level 14

    Answered . I am not licensed in New York but it is pretty much a basic principle of landlord/tenant law that only a court has the power to evict, a landlord does not. This appears to be the rule in New York based on a quick search of the tenants rights handbook compiled by the New York State Attorney General.

    The following is an excerpt from that handbook. You may see the entire handbook at : http://tenant.net/Rights/attygentenantsguide200...

    EVICTION

    A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

    Unless the tenant vacates the premises by a specified date, the landlord may commence eviction proceedings through: (a) a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent, or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal purposes, or committing or permitting a nuisance) or stays beyond the lease term without permission. Real Property Actions and Proceedings Law (RPAPL) § 711.

    Landlords of rent regulated apartments may be required to seek approval from DHCR before commencing a court proceeding, depending on the grounds for eviction. Where a tenant fails to pay rent, is causing a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may proceed directly in court. Other grounds, such as where the owner seeks to demolish the building, require that the owner first receive approval from DHCR.

    A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession. A tenant should never ignore legal papers; an eviction notice can still be sent if a tenant did not appear in court to answer court papers (petition) sent by the landlord.

    Only a sheriff, marshal or constable can carry out a court-ordered warrant to evict a tenant. Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant’s possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. When a tenant is evicted, the landlord may not retain the tenant’s personal belongings or furniture. The landlord must give the tenant a reasonable amount of time to remove all belongings. RPAPL §749; Real Property Law § 235.

    A tenant who is evicted from an apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the landlord. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant may be entitled to be restored to occupancy. RPAPL § 853; NYC Admin. Code § 26-523, § 26-521.

    Additional rules apply in certain situations concerning evictions. In New York City, a landlord may not evict a tenant in a rent stabilized apartment for purposes of owner occupancy if the tenant or the spouse of the tenant is a senior citizen or is disabled, unless the landlord provides an equivalent or superior apartment at the same or lower rent in a nearby area. In rent controlled apartments statewide and in rent stabilized apartments outside New York City, a landlord may not evict a senior citizen, a disabled person, or any person who has been living in the apartment for 20 years or more for purposes of owner occupancy. 9NYCRR § 2524.4; 9 NYCRR § 2504.4; NYC Admin. Code § 26-408(b)(1).


    Good luck.

    I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,156 answers this week

3,148 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,156 answers this week

3,148 attorneys answering