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You wish to terminate tenancy with no rental agreement or rent paid. You are not required to give a specific reason for termination. The tenant will have 7 or 15 days, depending on how rent is paid, to vacate the premises. If not, the Eviction case will need to be filed with the Clerk's Office.
New York Eviction Process Timeline Notice Received by TenantsAverage TimelineIssuance and Posting of Summons and Complaint AND Court Hearing and Ruling on the Eviction10-17 daysPosting of Writ of ExecutionA few hours to a few daysReturn of Possession10 days to 1 yearReturn of Possession10 days1 more row ?
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.
A 3-Day Notice to Perform Covenant is used to give the tenant who is on a written rental agreement or in the middle of a lease for years notice that they have breached their contract in some manner and that breach needs to be cured. This kind of notice can be used for many different kinds of breaches.
Shorter notice may be accepted by the landlord, but there is no legal obligation on the landlord to accept a shorter notice than is required by law. A tenant's Notice to Quit in a Periodic Tenancy will end the tenancy. Once a notice to quit has been served this cannot be cancelled except by agreement with the landlord.
Mitchell's In Nassau County, the two most common methods for eviction are non-payment and holdover proceedings. Both options are available to you. A non-payment proceeding will get you into court quicker, but can be satisfied upon payment by the tenant.
California will pay off people's unpaid rent if they fell behind on their payments because of the pandemic. People must apply to get the money and state law says they cannot be evicted while their application is pending.
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.
Mitchell's UPDATED A landlord may not demand rent or commence an eviction proceeding for non-payment until the fifth day after payment is due. You are entitled to at least 30 days' notice to terminate a month-to-month tenancy.
If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.