New York Eviction Notice for Smoking
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How to fill out Eviction Notice For Smoking?
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FAQ
If your lease prohibits smoking inside the unit and you smoke inside, you can be evicted for the lease violation. This is about as clear cut a lease violation as it gets.
Tenants can use the New York Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their New York Lease Agreement.
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.
The New York City (NYC) Smoke Free Air Act (SFAA) prohibits smoking and e-cigarette use in the common areas of residential buildings with three or more units. Common areas include hallways, stairwells, laundry rooms and lobbies.
The landlord may file a Notice of Petition and Petition for eviction with the Court (see step 3 below). If there is no written lease, the tenancy must be terminated by a 30 day written notice (see step 1 below).
Holdover cases - Your landlord is not renewing your lease How long you have lived at the property or how long is your lease period (whichever is longer)Amount of NoticeLess than one (1) year30 days in advanceAt least one (1) year, but less than two (2) years60 days in advanceTwo (2) years or more90 days in advance
If your balcony door or window is close to that of your neighbour, tobacco odors can easily seep into your apartment this way. Fix: Close all ?smoke-entry? windows and doors whenever your neighbor smokes. If you want to air out your apartment, open windows as far from your neighbour's smoking as possible.
