Eviction process

[steffb503]

What is the name of your state?NY state not city.
Can someone tell me if I am correct in the eviction process.
Month to month tenant, owes couple months back rent. He was served with a 30 day notice to terminate on Nov 18 2019, form B 307.
I am getting conflicting info. I am assuming the laws have recently changed. This tenant has been here for 18 months.
Any link to the new and current forms I need to use would be helpful.
Can I simply wait 60 days after serving the 30 day notice or do I need to start over again and lose more rent?
Thanks

 

[adjusterjack]

You need to sell that property and get out of the landlord business. You've got it all wrong.

First of all, you never let a tenant slide on the rent for a couple of months. The minute he's late you serve a 3 day pay or quit notice per NY statute 711. 2.

https://law.justia.com/codes/new-york/2015/rpa/article-7/711/

If he hasn't paid or vacated by the deadline, that's when you file for eviction in court without any further notice.

I don't think any of that law has been changed.

I suggest you hire an attorney and get this eviction done properly or, yes, you will continue to lose more rent.

 

[not2cleverRed]

Posting hx.

OP has not gotten wiser over the years: https://forum.freeadvice.com/threads/moth-to-month-eviction-question.637251/

 

[steffb503]

So I guess you guys are the type of landlords people complain about.
Yes I could have started the process earlier but the gentleman was in the hospital.
Also you are obviously NOT up on your NY landlord issues as the laws have changed as of October 2019.
I am hoping someone with actual knowledge of the law will answer and provide a link to the new laws and new process.

 

[quincy]

So I guess you guys are the type of landlords people complain about.
Yes I could have started the process earlier but the gentleman was in the hospital.
Also you are obviously NOT up on your NY landlord issues as the laws have changed as of October 2019.
I am hoping someone with actual knowledge of the law will answer and provide a link to the new laws and new process.

Here is a link to a New York State Bar Association analysis of the Housing Stability and Tenant Protection Act of 2019, Part III (you can access parts I and II through the same link):

https://www.nysba.org/Journal/2019/Dec/New_York’s_Housing_Stability_and_Tenant_Protection_Act_of_2019/

The new Act is giving rise to landlord challenges.

 

[not2cleverRed]

So I guess you guys are the type of landlords people complain about.
Yes I could have started the process earlier but the gentleman was in the hospital.
Also you are obviously NOT up on your NY landlord issues as the laws have changed as of October 2019.
I am hoping someone with actual knowledge of the law will answer and provide a link to the new laws and new process.

And I guess you couldn't contact a lawyer in your community because...?

 

[steffb503]

Because you all offer this site for free!

 

[steffb503]

Thank you Quincy

 

[quincy]

You’re welcome, steffb503. I appreciate the thanks.

You would probably find that a personal meeting with a landlord/tenant attorney in New York helpful. The Act is a lot to absorb.

 

[reenzz]

Being a landlord in New York is a learning process. Laws change every time that we get a new governor or a new mayor. Don't blame the poster. New York laws are very effed up with city laws and state laws being so different and changing so often.

 

[adjusterjack]

I am hoping someone with actual knowledge of the law will answer and provide a link to the new laws and new process.

Here is the NY State Senate web page with a summary of the new law and the full text of the law.

https://www.nysenate.gov/legislation/bills/2019/s6458

It's over 4000 lines of text so I'm not going to read it until there's a specific item I have to look up.

Now that you have the "link to the new laws" that you requested feel free to peruse them at your leisure.

The consensus on the internet, however, is that there are tough times ahead for landlords in NY.

 

[quincy]

California and New York are two states that have recently enacted laws that are less-than-friendly to landlords. Although tenants have initially applauded these changes (made ostensibly to protect or expand on tenant rights), these laws ultimately stand to hurt tenants when small-time landlords decide the costs of renting out units outweigh the benefits and large management companies find new ways to limit their risks through additional screening and pre-rental requirements.

 

[Just Blue]

As someone who has rented most of my adult life, I find some of these laws to be outrageous. Cali especially.

 

[quincy]

As someone who has rented most of my adult life, I find some of these laws to be outrageous. Cali especially.

I thought California was a landlord’s nightmare but New York appears worse.

 

[FarmerJ]

I read thru some of the change there in NY ,. part of what puzzles me was when it talked about a pre move out inspection and tenants now to be given the chance to correct issues the LL finds , maybe I didn't read far enough in but what I did not see was a time restraint on the tenant to correct , so say a LL wrote a pre move out report and listed every area that needed cleaning EG inside windows , radiators , wall washing, inside or kitchen cabs and all light fixtures and say insides of bathroom cabs (because of soap scum from leaking bottles) so what I didn't see was a time frame for tenant to complete , only that a LL had to allow the tenant to the chance to do it first . so I didn't see a definition as when it must be completed or anything that restricted a tenants rights to make other repairs before moving out and If there was no time line then might a tenant argue that LL didn't allow enough time because say they were still moving out on last day of the month and then claimed they were going to come back on the first early in the morning but by then they find the locks were changed by LL and they couldn't get in. ( so again I didn't go further into the reading ) ALSO I saw that they wanted to end LLs collecting first last and deposit. I am absolutely positive that baring a last month in advance rent collection is going to prevent tenants with poor credit or even tenants with slightly older evictions from securing housing since a landlord will have lost that tool. Im aware that politicians do what they do most of the time to keep the voting public from ousting them especially when it comes to landlord tenant issues they will enact laws that create more blowback to tenants. Minneapolis MN has changed the rules enough that I can see it where LLs are going to become more hardened , dig heels in and cease letting things go by that they would not have made a issue of in the past and the city of Mpls will see no improvement in affordable housing and the same result will happen in NY.