Landlords and tenants have legal rights. To ensure those rights are upheld, sometimes the two parties have to take a matter to court. A notice to quit by landlord or an immediate termination of lease notice require that you find the best representation in all five NYC boroughs from the expert Queens attorneys at Albert Maimone & Associates, P.C. Call them before things get out of hand and lead to more serious legal troubles. This team of attorneys is focused, hands-on and dedicated to helping their clients get the results they need.
What Is an Unconditional Quit Termination?
An unconditional quit termination is a notice to quit possession that orders a tenant to move out of their rented space in a short period of time or immediately. This type of notice to quit gives a tenant no chance to change behavior or pay back rent and is usually issued when there have been serious problems with a tenant, and the landlord wants an immediate termination of lease.
Landlord and tenant disputes can be complicated and confusing for both sides. Both landlords and tenants should be proactive about understanding their rights and get clarification about what’s legal and what’s not. The legal experts at Albert Maimone & Associates offer dependable advice and skilled representation for both landlords and tenants about an immediate termination of lease in NYC.
What Are Reasons Landlords May Begin an Eviction Process?
A lease is a legal document that represents the terms tenants and property owners both agree to follow when a property is rented. In the State of New York, landlords can’t evict tenants without having cause. Reasons landlords may wish to terminate tenancy include:
- Nonpayment of rent. A lease states the due date of rent and the date it’s considered late. New York has a statewide grace period of five business days before rent can be considered late. If rent isn’t paid by the end of the grace period, the landlord can start the eviction process.
- Lease has expired. Tenants sometimes remain in a rented property after their lease has expired. This is known as a holdover tenant, and landlords can evict the tenant after giving a 30-day notice to terminate tenancy.
- Illegal activity. Landlords can require an immediate termination of lease for illegal activity, such as the creation or distribution of illegal substances, participating in prostitution or domestic violence.
A rental agreement typically is a detailed document that includes what tenants can do after they sign the lease. When tenants don’t comply, this is a breach of the lease and may be grounds for eviction. Examples of actions that may be considered a breach of lease include:
- Unauthorized pets
- Property damage
- Long-term guests
- Refusing to allow the landlord access to the property to do needed repairs
Tenants are responsible for keeping rented property clean and free from trash. They must avoid disturbing their neighbors with excessive noise or abusive behavior. Failure to meet these responsibilities may result in termination of tenancy.
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How Does a NYC Landlord Terminate Tenancy?
To terminate tenancy, a landlord first needs to give the tenant written notice. The notice to quit by landlord should be mailed using certified mail. In addition, the same information can be given to the tenant in person or posted in a conspicuous place on the rental unit. Notices that may be used include:
- Notice to cure or quit. This notice to quit possession lets the tenant know what they’re doing wrong and what they need to do to correct it within 10 days, if they want to stay.
- Notice to pay rent or quit. When a tenant is past due on the rent, this notice informs them that they have 14 days to pay the past due rent or move out. If the tenant doesn’t pay and doesn’t move out, the landlord can file a lawsuit with the court to have the tenant evicted.
- Notice of termination. If a tenant doesn’t comply with a notice to cure a situation within 10 days, a notice of termination is given to end the tenancy. It informs the tenant they have to move and states the deadline for doing so within 30 days.
- Notice to quit. A notice to quit possession is served to a person you didn’t rent to, which tells them they must leave within 10 days.
Certain behaviors may trigger the decision to serve an unconditional quit termination rather than giving a tenant a chance to change their behavior. This may be done when a tenant repeatedly violates one or more clauses in a lease, such as frequently failing to pay rent on time, causing significant property damage or dealing drugs on the property. No prior notice is required for unconditional quit terminations.
What Can’t Landlords Do When Terminating Tenancy?
By the time a landlord is ready to evict a tenant, the relationship between landlord and tenant has usually become heated or hostile. When tenants don’t cooperate and don’t honor the lease agreement, landlords can become frustrated and angry. Regardless of what the tenant may have done, landlords still can’t do such things as:
- Forcibly remove a tenant
- Change the locks
- Remove the door to the rented property
- Block access to utilities
- Harass the tenant
Landlords aren’t allowed to begin eviction proceedings against a tenant in retaliation for a tenant reporting safety issues or uninhabitable premises. If tenants join a tenants’ union or organization that works to protect tenants’ rights, a landlord doesn’t have justifiable cause for eviction.
What Happens after a Notice of Termination or Notice to Quit by Landlord?
Tenants can’t be removed from a property until the landlord has won an eviction lawsuit. After notifying the tenant that they’re being evicted, the landlord files a petition with the court in the county where the property is located. After the hearing date is set, expectations on both sides may include:
- The landlord serves a petition for eviction to the tenant 10 to 17 days prior to the date of the hearing.
- The tenant may attempt to fight the eviction if the landlord doesn’t follow proper eviction procedures.
- Either party can request a 14-day postponement of the hearing.
Landlords must keep copies of any documents they give tenants and bring them to court. Eviction lawsuits are decided by a judge. If the judge rules in the landlord’s favor, a warrant of eviction is issued, which gives the tenants 14 days to vacate the property or be forcibly removed by law enforcement officers.
Landlords must follow the procedures required by law when presenting tenants with unconditional quit terminations or notice of immediate termination of lease. Contact Albert Maimone & Associates to set up a free consultation and to have your case evaluated. Based in College Point, Queens, these lawyers provide the highest quality legal services without charging the big firm legal fees, and they review your legal matter within 48 hours.
Albert Maimone & Associates P.C.127-16 14th Avenue
College Point, Queens, NY 11356 (718) 357-1216