New York Eviction Notice for Smoking: An eviction notice for smoking is a legal document issued to a tenant in New York City who has violated the terms of their lease agreement by smoking in areas where it is prohibited. This notice serves as a formal warning to the tenant, informing them of their violation and the consequences they may face if they continue to smoke in their rental unit or within designated non-smoking areas of the property. In New York City, smoking is prohibited in many indoor areas, including common areas of apartment buildings, hallways, lobbies, laundry rooms, and certain outdoor areas such as playgrounds and parks. Landlords have the right and responsibility to enforce these smoking restrictions to maintain a safe and healthy living environment for all residents. Different types of New York Eviction Notices for Smoking may include: 1. Initial Warning Notice: This notice is typically the first step in the eviction process for smoking violations. It informs the tenant of their misconduct, explains the smoking regulations of the property, and advises them to cease smoking immediately to avoid further action. 2. Cure or Quit Notice: If the tenant continues to smoke despite receiving an initial warning notice, a cure or quit notice can be issued. This type of notice gives the tenant a certain time frame, usually 10 or 14 days, to either stop smoking or face eviction. It serves as a final opportunity for the tenant to rectify the violation before eviction proceedings commence. 3. Noncompliance Notice: If the tenant does not comply with the cure or quit notice, a noncompliance notice can be issued. This notice informs the tenant that their failure to comply with the previous notice has resulted in the initiation of legal action, such as the filing of an eviction lawsuit in the relevant New York City Housing Court. 4. Petition for Eviction/Legal Action: If the tenant fails to rectify the smoking violation or refuses to vacate the premises, the landlord may proceed with filing a petition for eviction in housing court. Legal action may include serving proper legal documents, attending hearings, presenting evidence of the violation, and seeking a court order for the tenant's eviction. It is essential for tenants to familiarize themselves with their lease agreements and understand the smoking restrictions set by their landlords. Complying with these rules helps ensure a harmonious living environment while avoiding the legal consequences associated with smoking violations.
New York Eviction Notice for Smoking
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How to fill out New York 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.
