One of the biggest threats a landlord can make is eviction. In 2017, there were 230,000 petitions for residential evictions in New York City. Fortunately, not all of those evictions were successful. And more importantly, none of them were overnight.
Your landlord could threaten to evict you in three days, but it may be an empty threat. In New York City, a landlord must go through certain channels to have a successful eviction.
How Quickly Can They Evict You?
The laws regarding eviction vary based on your location. In New York, some landlords must comply with state laws. But others need to comply with the New York City Housing Authority. Both governing organizations require a detailed process for eviction. You can consult with an attorney to learn more about the New York City Housing Authority’s laws.
According to state laws, your landlord needs to notify you about your eviction. They must give you written notice that details the end of your tenancy. If you receive a notice of termination, your landlord gives you the end date of your tenancy. But that end date cannot be immediate. You must have at least 30 days notice of your removal date.
However, you may be entitled to longer than 30 days. If your landlord accepts a rent payment after sending the notice, they must start your clock over.
Notice to Cure
If you violate the terms of your lease, your landlord could begin the eviction proceedings. But first, they will issue you a notice to cure. This notice gives you ten days to stop committing the violation. For example, it could mean keeping your noise levels down to an acceptable amount. If you don’t fix the problem, your landlord could continue on with the eviction.
A Three Day Eviction
You could receive a notice to vacate. Typically, this type of notice is rare. It’s used for tenants that don’t pay their rent. If you receive a notice to vacate, you have three days to pay your rent or to vacate.
Landlords don’t usually opt for a three day eviction. The process takes time and money. More commonly, they will issue you a notice of termination or a notice to quit.
The Legal Process
Once you receive your first notice, you could receive a second one. You may get a notice of petition. This document tells you that your landlord will be initiating a court case. On the date listed in the document, you need to show up in court.
If you have an attorney by your side, they may be able to prevent an eviction. Your landlord can’t evict you for no reason. Rather, they need to have proof that you violated your lease in one or multiple ways.
In some situations, the landlord didn’t follow all of the procedures necessary for an eviction. If this is the case, the court could choose to deny the eviction.
Because of the legal process involved with evictions, it doesn’t happen quickly. Your eviction could take months, or it might not happen at all.
Getting the Help You Need
If your landlord threatens you with a three day eviction, you could benefit from legal advice. A tenant attorney can tell you more about your rights. They will ask you about the specifics of your situation and can help you determine your chances of eviction.