Evictions and Warrants of Eviction in New York State

Terminating a Tenancy

New York State laws determine when a landlord has the right to terminate a tenancy for a renter. Landlords should be aware that housing courts are more sensitive to the welfare of an evicted tenant, and how an eviction could affect the health or life of a tenant. For example, they may consider whether the tenant has children who may suffer in school attendance because of being evicted from a rental unit during the academic school year.

Tenant Hardship on Eviction

A judge can prevent a tenant eviction when the tenant has a real complaint of poor habitability related to a rental unit. To this end, landlords will be prosecuted for unlawful evictions as a misdemeanor, with a possible minimum fine of $1,000. Additionally, a judge can stop an eviction proceeding for up to a year to allow tenants to find comparable housing in a rental unit in the same area (this timeframe is extended from the old requirement of 6 months), or if the eviction will produce a hardship for the tenant (such as if it makes the tenant homeless).

Gone are the days when a landlord can evict a tenant and put the family out on the street immediately, without consideration for how the family is affected by the decision. Today, there are more failsafe provisions in place to help the family make provisions when an eviction lawfully takes place. If there is extreme hardship for the family, the landlord may be temporarily blocked from going through with the eviction, depending on the application of the law and the facts of the case.

If you have a tenant in hardship, but need to move forward with an eviction, call the office of Michael Mantell, Esq., where we have been caring for clients and their legal needs in the metropolitan New York City area for nearly 50 years. We service the commercial and residential real estate needs of landlords, tenants, and business owners in the NYC region, and offer affordable fees. Call us now at (212) 750-3896 and schedule a consultation regarding your legal issues today.