New York City has been, and will always be one of the most special places on earth. The everyday hustle and bustle of New York City is just invigorating. The energy of New York makes you feel alive. There is a tie to New York in every part of this world. Whether someone has family, worked, visited, dreamed of visiting; you cannot go anywhere in the world without having some connection to New York. There are former New York residents in all parts of the world.
The saying is true, once a New Yorker, always a New Yorker. Many New Yorkers have moved away, but maintain ownership of property in New York.
Being a landlord in New York can be profitable, yet it is one of the most challenging jurisdictions for landlords, according to Mr. Rajiv Syed, Esq. The task of being a landlord in New York is even more challenging when the landlord is not physically in New York.
Mr. Syed works with several New York City landlords who are no longer physically in the area, his firm works with these landlords for several landlord-tenant related disputes.
Need for a Strong Lease:
Mr. Syed suggests that the landlord have a strong lease that protects the landlord’s interests. According to Mr. Syed, “the weak lease is a weak protection for the landlord. Many times I see the landlord use a template lease that does not protect them. This is the root of many problems for landlords.”
Mr. Syed suggests that you cannot foresee and prevent every problem, but you should have provisions in place should they occur.
The Process of Eviction:
In New York City, a landlord must obtain a judgment of possession from housing court, and then proceed to make a warrant request through a New York City Marshal. This can be a timely process, especially with the backlog of cases from the pandemic.
In New York, there are two common ways of conducting an eviction. The first is a non-payment case. In a non-payment case, the tenant has missed rental payments and the landlord proceeds with an eviction by having served a rent default letter and then a rent demand notice. A landlord should be careful to not let too much time lapse, as a delay in seeking past due rent can create a defense for the tenant called the Doctrine of Latches.
The second common type of eviction is a holdover eviction; this occurs when a lease is no longer in effect or has expired. In New York, a tenant without a lease is considered a month-to-month tenant. Under a holdover eviction, a month-to-month tenancy is terminated by having a termination notice served upon the tenant. The length of the tenancy determines the appropriate time frame for the termination notice.
Other Causes of Eviction:
If a tenant becomes a nuisance, which infringes upon the enjoyment of others, the landlord may attempt to bring forth a nuisance action. The landlord has to properly determine if the Courts will deem an action a nuisance, as it could lead to an extensive delay if the landlord chooses this path of eviction and is unsuccessful.
If the tenant is in breach of their lease, the landlord can send a notice to cure to allow the tenant an opportunity to remedy the breach. If the tenant cannot cure their breach in the time allotted to cure, the landlord may terminate the lease and proceed with a holdover eviction.
Absence Should Not Be Weakness:
Just because an out-of-state landlord in not presently in New York does not mean they cannot have someone advocate on their behalf. Being a landlord after the pandemic has been more challenging than ever. An out-of-state landlord needs an attorney they can communicate with properly and understands the challenges the landlord faces by not being in New York City.
If you are an out-of-state landlord and are having troubles with your tenant, Mr. Syed can be reached at the Law Offices of Rajiv Syed at (718) 570-9009.
*This article is not intended to be any legal advice, nor does this article create any sorts of an attorney-client relationship. There are no results guaranteed. Each case is a unique situation, where a proper consultation should be conducted.
