What happens when a lease expires in NY?

New York tenants who stay past the end date of their lease can typically be evicted. Landlords in NYC may need "just cause" to evict a holdover tenant, however. Tenants who stay beyond their lease end date become holdover tenants.

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Complaint for Unlawful Detainer - Residential Tenant Holding Over...

Suffolk New York Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

Name: Suffolk New York Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
Brand: US Legal Forms
Rating: 4.65 (375 reviews)

Category:

Landlord Tenant - Unlawful Entry and Detainer

State:

Multi-State

County:

Suffolk

Control #:

US-03315BG

Format:

Instant download

Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.

An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Suffolk New York Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?

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FAQ

Most experienced landlord-tenant lawyers charge a flat fee for residential evictions. The customary fee for a residential eviction is generally in the range of $1,000 to $1,500 in Nassau and Suffolk Counties.

New York tenants who stay past the end date of their lease can typically be evicted. Landlords in NYC may need "just cause" to evict a holdover tenant, however. Tenants who stay beyond their lease end date become holdover tenants.

The Suffolk County Sheriff must give at least 14 days notice (a 14 DAY NOTICE) after the expiration of any and all stays directed by the Judge before evicting a tenant/respondent from the premises.

In Suffolk County, before a landlord can evict a tenant from the property, he or she must first notify the tenant that he or she is terminating the tenancy. A landlord will do this by filing a Notice to Quit. This document informs the tenant that the landlord wishes to terminate the tenancy.

In New York State and New York City, a holdover tenant is someone who refuses to leave or pay rent after their lease agreement has ended. They must be a month-to-month tenant or have lawfully occupied the property for more than 30 days.

If you do not have a written lease, or your lease expired and you don't live in rent regulated housing, the landlord/owner may be able to go to court to evict you even if you did not do anything wrong. It is the landlord/owner's right to evict you without a reason.

The process by which the Landlord must first obtain a judgment of possession and warrant of eviction requires that you be served with a Notice to Terminate at least 30 days' prior to the Landlord commencing the eviction proceeding.

Tenants can't be evicted for rent owed during the pandemic. They can be evicted for not paying rent prior to the pandemic. Landlords may try to apply rent payments to the earliest month of rent owed.

In Nassau County, it could take 45 days or more from the date the action is commenced. In Western Suffolk County, it generally takes about 30 days. In Eastern Suffolk, it could take less than 30 days. The general rule is that the closer the venue is to New York City, the longer the action takes.

If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.

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A holdover eviction has more severe parameters and a notice to terminate tenancy may require multiple rental terms. Chrysafis's tenants nevertheless remain in the home because of the eviction moratoria.Complaint and Summons Against a Tenant Holding Over. If you are a landlord looking to evict your tenant, I will explain the Long Island evictions process to you, and types of landlord tenant relationships. Or for holding over after the expiration ofyour lease. Complete financial statements.

Make sure that you're fully informed of all your tenant's liabilities, and also be sure that you're in compliance with all laws. In addition, I'll explain how property tax evictions are handled. Tenant's Liabilities to a Landlord. Most of the time a tenant will leave the premises at the close of a lease for good. After five years, however, tenants are protected by some federal and state legislation which prevents them from refusing to leave the premises after five years. This usually happens when a tenant makes an effort to pay his or her rent early, or when the circumstances have changed so substantially that rent would be more desirable than the present rent. In short, the tenant's refusal or inability to pay rent at the close of the lease is the result of factors beyond the tenant's control. If a rent is late, or you have filed an eviction notice, the tenant is at risk of losing the home.

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Suffolk New York Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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