A tenant does not need a written lease to have rights in New York City. A person may rent month-to-month under an oral agreement, or a written lease may have expired while the landlord continued accepting rent. In many cases, a landlord can still end the tenancy, but strict rules apply. A New York City eviction lawyer can help landlords determine what notice is required and whether other tenant protections apply.
Tenant Rights Without a Written Lease
A tenant can still have legal rights even without a written lease. In New York City, many occupants are protected from being locked out without a court process.
Landlords should not change the locks, remove the tenant’s belongings, or shut off utilities to force someone out. These actions may be considered an illegal self-help eviction. Instead, the landlord must follow the proper notice and court procedures before the tenant can be removed.
Required Notice Before Ending the Tenancy
When a landlord decides not to continue a residential tenancy, New York law generally requires written notice. The amount of notice depends on how long the tenant has lived in the home or the length of the tenancy:
- 30 days: The tenant has occupied the home for less than one year and does not have a lease term of one year or longer
- 60 days: The tenant has occupied the home for more than one year but less than two years, or has a lease term of at least one year but less than two years
- 90 days: The tenant has occupied the home for more than two years or has a lease term of at least two years
The notice must also be properly served. If the landlord does not give enough notice, the tenancy continues until the proper notice period ends.
How Good Cause Eviction May Affect the Case
NYC landlords must also consider the Good Cause Eviction law. The law covers certain market-rate apartments and can apply whether or not the tenant has an active written lease. It generally requires a covered landlord to have a legally recognized reason for ending the tenancy.
Good cause may include nonpayment of rent, violating tenancy terms, nuisance or illegal activity, refusing reasonable access, or certain situations in which the owner wants to use the apartment. Some properties are exempt. For example, landlords who own ten or fewer housing units statewide generally fall under the small-landlord exemption. Other exemptions may also apply depending on the property.
What Happens If the Tenant Does Not Leave?
If the required notice expires and the tenant remains in the apartment, the landlord may need to start a holdover proceeding in NYC Housing Court. The court will consider whether the tenancy was properly ended and whether the landlord followed the required procedures.
A landlord cannot personally carry out the eviction after winning the case. The court must issue a judgment of possession and warrant of eviction, and a sheriff or city marshal carries out the eviction after the required notice is given.
Because the correct procedure can depend on the type of tenancy, the property, and whether Good Cause Eviction applies, landlords should make sure they understand the rules before serving notice or starting a case.