Landlord-tenant disputes can sometimes culminate in the landlord’s efforts to evict the tenant from the premises. When your landlord has initiated eviction proceedings, understanding your rights as a tenant can help you pursue a favorable resolution to your legal situation and potentially protect your rights to remain in your home.
Common Reasons for Tenant Evictions
Some of the most frequent reasons why tenants may face eviction proceedings include:
- Nonpayment of rent
- Housing unauthorized tenants or pets
- Causing extensive property damage
- Becoming disruptive to other tenants or the neighborhood
- Conducting illegal activity on the premises
- Expiration of the lease
Landlord Obligations During the Eviction Process
When a landlord wishes to evict a tenant, they must follow specific procedures to lawfully remove the tenant from the premises. First, landlords must serve notice of breach to tenants to give them the opportunity to resolve their breach or default under the lease. For example, a tenant who has fallen behind on rent payments may receive a notice to pay rent, while a tenant who has an unauthorized person living on the premises may receive a notice to cure. However, when a landlord wishes to evict the tenant, they may serve a notice to quit to the tenant to request that they vacate the premises.
When a tenant fails to remedy their breach or default under the lease or vacate the premises, a landlord must file an eviction complaint in court to obtain a lawful order that will entitle the landlord to evict the tenant. Before the court orders a tenant’s eviction, landlords may not resort to self-help remedies to force a tenant’s compliance with the lease or drive the tenant out of the premises, such as changing the property’s locks or shutting off utilities.
Tenants’ Rights During Eviction
Tenants have various rights during the eviction process. First, tenants have the right to notice of their alleged breach or default under a lease. In most cases, tenants also have the right to cure or remedy their breach or default, such as making up missed rent payments or removing an unauthorized tenant or pet.
Before eviction can occur, a tenant has the right to a formal court proceeding and the opportunity to present their case to a judge. Tenants may fight eviction by arguing that they did not receive notice of default or that their landlord has sought eviction for a retaliatory purpose, such as when the tenant has reported the landlord to municipal authorities for regulatory violations. Tenants also have the right to appeal an adverse decision or eviction order issued by the trial court.
Finally, tenants typically have the right to a stay of any eviction efforts during court litigation, allowing them to remain on the premises until a court case has reached a final judgment.
Defenses to Eviction
A tenant may fight eviction by raising various defenses in court, such as:
- The landlord failed to serve notice of default or otherwise violated the legal procedures for eviction
- The landlord has sought an eviction for a retaliatory purpose, such as when the tenant has previously reported the tenant for housing code violations
- The landlord has sought eviction for a discriminatory purpose, such as due to the tenant’s race, religious beliefs, gender, sexual orientation, or family status
- The landlord has breached the lease or the implied warranty of habitability
Steps to Take When Facing Eviction
When you receive notice of eviction from your landlord or the courts, steps you can take to protect your rights include:
- Read and promptly respond to any notices of breach or eviction notices.
- Contact your landlord to discuss a potential resolution that avoids eviction, such as a payment plan to make up missed rent payments.
- Keep records of all communications with your landlord and the court.
- Document the condition of the premises.
Finally, contact a landlord-tenant dispute attorney from Levy Goldenberg LLP as soon as possible to discuss your legal options when facing eviction in Manhattan. Our firm will work hard to protect your rights and interests.