When a tenant stops paying rent or violates the terms of their lease, the financial pressure can make any landlord want to resolve the issue as quickly as possible. However, the legal system in New York is precise, and even a well-intentioned property owner can see their case dismissed over a technicality. Because the rules are heavily procedural, many owners choose to work with a New York City eviction lawyer to ensure they follow all required procedures. Here are the most common mistakes landlords make when navigating the eviction process.
Attempting Self-Help Evictions
A common point of frustration is when a tenant is not paying rent, yet is still living in your property. However, you cannot take the law into your own hands. Changing the locks, removing a tenant’s front door, or shutting off the heat or water is strictly illegal. In New York, these actions can lead to criminal charges and heavy civil penalties. No matter how much rent is owed, only a city marshal or sheriff may physically remove a tenant pursuant to a court order.
Issues with the Initial Notice
The predicate notice, the first formal warning you send the tenant, is where many cases fail before they even reach a judge. Whether it is a 14-day notice to pay rent or a notice to cure a lease violation, the language must be accurate. Using the wrong form, misstating dates, or failing to include specific legal language required by New York law can result in dismissal.
Padding the Rent Demand
In a non-payment case, you are asking the court for the rent that your tenant legally owes. A frequent mistake is including extra charges in the rent demand, such as late fees, legal costs, or repair charges. In New York, especially with rent-stabilized units, you often cannot classify these items as rent in an eviction proceeding. If a judge sees these non-rent charges lumped into the total, they may dismiss the entire petition.
Improper Service of Process
You cannot just hand the court papers to the tenant yourself. New York has very strict rules about how you must deliver legal documents. You must serve them through a non-party over 18, and there are specific requirements for conspicuous service if the tenant is not home. If the affidavit of service is not properly completed and filed with the court, the case will not move forward.
Accepting Rent at the Wrong Time
In holdover cases, where you are trying to evict a tenant because their lease expired or you terminated their tenancy, timing is crucial. If you accept a rent check after the lease has ended but before you have started the legal case, you might inadvertently reinstate the tenancy. This effectively cancels your termination notice and forces you to restart the entire notice cycle.
Forgotten Building Registrations
If your property is a multiple dwelling with three or more units, you must register it with the Department of Housing Preservation and Development (HPD). If your registration is not current, or if you do not have a valid Certificate of Occupancy for the unit in question, the court may bar you from collecting any rent or pursuing an eviction.
Poor Recordkeeping
If you cannot produce a signed lease, a clear ledger showing exactly when payments were missed, or copies of previous communications regarding lease violations, your case becomes much harder to prove. Landlords who rely on verbal agreements or messy accounting often find themselves at a disadvantage in a courtroom.
The New York eviction process is rigorous. While it can be a slow and frustrating path, following the rules is the only way to protect your investment and regain control of your property.