Eviction
If you are a crime victim, the financial effects of victimization can be overwhelming. You may have trouble paying your rent.
This section has information about what to do if you are worried about:
- Falling behind on your rent
- Losing your home.
What is an eviction and why can you be evicted?
Eviction is a court process. A landlord uses eviction to make a tenant leave a rented property.
If you rent a home or apartment in New York State, your landlord can evict you if:
- you don’t pay the rent or
- you don’t follow the lease or rental agreement (violate the agreement), or
- the term of your lease comes to an end, and you do not leave the property, or
- you don’t have a lease and the landlord does not want to continue your month-to-month tenancy.
To evict you, your landlord must:
- Give you the appropriate notices,
- Start an eviction case in court,
- Go to court,
- Win the case, and
- Get a court order called a “Warrant of Eviction” and have a law enforcement agency serve you with it.
If you are worried, talk to your landlord to try to work out a solution.
My landlord is threatening to evict me. What are my rights?
Before your landlord evicts you, they must follow certain rules. The rules depend on the reason for the eviction. But remember, your landlord must get a court order before they can evict you or lock you out.
Eviction for not paying rent: If your landlord wants to evict you for not paying rent, they must tell you in writing – not verbally – that you have 14 days to pay the rent or move out. If you can’t pay in 14 days, you do not have to leave. The landlord cannot lock you or cannot kick you out. To evict you, the landlord must start an eviction in court.
Eviction for lease violation: If your landlord thinks you broke or violated your lease or rental agreement, read the lease carefully. It lists the steps a landlord must take before filing an eviction.
Eviction for ending your lease or month-to-month tenancy: If your landlord does not plan to renew your lease, or if you don’t have a lease and your landlord is ending your month-to-month tenancy, the landlord must provide you with written notice. The notice must be anywhere from 30-60-90 days depending on how long you have lived there. If you do not leave, the landlord cannot kick you out. To evict you, the landlord must file an eviction in court.
If you are being evicted, you have the right to an attorney. You can show up to court where there may be a free lawyer who can help you.
After a hearing with testimony and evidence, if you are evicted by the court, you will receive a warrant of eviction from a law enforcement agency (sheriff, marshal, constable). Once received, you have 14 days to vacate the property. If you live in a mobile home, you have longer.
My landlord is raising my rent. What are my rights?
A landlord must provide written notice if they plan to raise your rent by 5% or more.
Can my landlord change the locks or lock me out?
If the landlord locks you out of your home without a court order, you can call the police. Tell them you were illegally evicted and show them proof of your address (your driver’s license or mail). The police should let you back in your home.
For more information about your rights during eviction, please visit:
Can my landlord evict me for calling the police too many times?
No. All residents of New York State who believe that they are in need of police or emergency assistance have the right to call for help without fear of eviction or losing their homes.
For more information, please see the “Protections for Domestic Violence Victims” tab in this section.