Brooklyn property owners can issue evictions in Brooklyn under specific circumstances. New York rental laws mandate property owners to provide a valid reason for evicting their tenants. In addition, Brooklyn tenants may issue an eviction lawsuit to tenants who refuse to honor the termination notice. There are instances when tenants can defend themselves against unlawful evictions. As property owners, it is advisable to hire the best eviction lawyers in the Brooklyn area to help plead your case.
Termination with cause
A landlord must have a plausible reason for evicting a tenant before the rental contract expires. Violating leasing agreements is one reason a landlord may terminate without cause. Also, Brooklyn landlords can terminate rental contracts early or before the expiry date if a tenant defaults on payments.
Where there is cause for early termination, a landlord may do one of two things;
- Issue a 14-day termination notice
- Issue a cure or terminate notice
A 14-day termination notice mandates the tenant to pay their arrears within 14 days or risk eviction. After this grace period expires, a property owner may file for an eviction lawsuit if the tenant failed to honor the notice agreement.
A landlord will serve a cure or terminate notice if a tenant explicitly violates their leasing agreement. A cure notice gives the tenant about ten days to fix the leasing violations. If the tenant reneges on the cure notice, a landlord then issues a termination notice alerting the tenant to vacate the premise.
Termination without cause
A property owner cannot terminate a leasing contract without a valid reason under specific NYC eviction laws. Alternatively, the landlord may choose not to renew the leasing contract when it expires. After the expiry period, the property owner can issue an eviction notice to the tenant.
Fixed-term rental lease
A fixed-term contract allows a tenant to rent a property for a specific period. Generally, the stipulated period for a fixed-term lease is six months to a year. Should a landlord wish to end the contract early, they will need a valid reason. If not, they have to wait until the leasing period expires. After the leasing period, the landlord may choose not to renew the contract even at the tenant’s request. The tenant will have to vacate the premise if their landlord denies their request for renewal.
Eviction defenses
In unlawful evictions, a tenant reserves the right to hire a landlord tenant lawyer Brooklyn NY to fight the eviction. One such instance is when the landlord fails to follow proper procedures when serving an eviction notice. Also, eviction defenses may happen if the landlord prematurely files an eviction lawsuit against the tenant. Other reasons for eviction defenses include failing to maintain the premise as per NYC rental standards and evidence of discrimination against tenants.
Evicting the tenant
A landlord cannot forcibly remove a tenant from their premises. Yet, they can involve the police in the eviction, especially when the landlord wins an eviction lawsuit. After removal, the landlord reserves the right to preserve or discard any items left behind by the tenant. Out of goodwill, the landlord may give the tenant ample time to claim their belongings. After the stated period, a property owner can sell or discard any unclaimed property.
Brooklyn eviction laws mandate property owners to terminate rental contracts when there is a valid reason. As a landlord, always follow the proper procedures for termination to avoid defense lawsuits from disgruntled tenants. If a tenant defends an eviction notice, a Brooklyn eviction attorney can help build a solid case that will rule in the property owner’s favor.
Please contact Stark Law PLLC, NY’s leading landlord-tenant law firm, and request a free consultation today: 866-325-6089
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