Eviction Law in Yonkers, NY

What Is an Eviction?

An eviction is the legal process of removing tenants from a property after the landlord issues a formal notice. Most often, evictions occur due to unpaid rent or breaches of the lease agreement. However, navigating the eviction process can be both time-consuming and costly since many landlord-tenant laws are designed to protect tenants. Understanding eviction laws specific to , can help landlords manage the process more effectively.

While eviction notices are often prompted by significant issues, not all of them result in tenants being removed. In many cases, an eviction notice serves as a final warning. If the tenant resolves the issue—such as paying overdue rent or adhering to lease terms—they may be able to avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

A tenant in , who consistently pays rent late or fails to pay altogether provides grounds for eviction. Some states allow a grace period for occasional late payments, but habitual late payments usually render that grace period inapplicable. In such cases, landlords can issue an eviction notice.

In New York, rent is considered late if it is unpaid five days past the due date, according to the New York State Attorney General.

It’s essential to document all communication, including “late rent” notices, and retain copies. These records will serve as evidence if the eviction proceeds to court.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are binding contracts. If a tenant in , violates terms—such as subletting without permission or having unauthorized occupants—the landlord has grounds to issue an eviction notice. For example, if the lease explicitly prohibits additional residents and the tenant violates this clause, the landlord can begin the eviction process.

It’s important to note that landlords must also adhere to the terms of the lease, such as fulfilling repair obligations or maintaining the property as agreed.

The Tenant Damages the Property

While normal wear and tear, such as minor scratches or faded paint, is expected, substantial damage caused by the tenant—like breaking walls or smashing windows—may justify eviction. However, if tenants repair minor damages themselves without significantly altering the property, eviction might not be warranted.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Yonkers property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports can prove helpful.

How to Evict a Tenant in Yonkers, New York

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Yonkers, NY attorney can help review your case to determine if you do.

According to the Westchester County Executive, Yonkers landlords cannot interfere with the right of a tenant to form, join, or participate in a tenant’s group. Specifically, the landlord cannot harass, punish, penalize, or evict a tenant for exercising this right.

As well, the landlord cannot charge a fee for the use of a common room for a meeting of the tenants’ group. Furthermore, New York’s Housing Stability and Tenant Protection Act of 2019 strengthens protections against retaliatory evictions. The Act creates strong criminal penalties for Yonkers landlords who illegally lock tenants out of their homes.

Step 2. Give a Formal Notice of Eviction

If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.

The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.

New York law dictates that Yonkers landlords must begin the eviction process with a 14-days written notice for nonpayment of rent. Yonkers landlords must serve this notice directly to the tenant or another adult household member. Alternatively, if no one is home, the landlord can post the notice at the property. In addition, the landlord must mail copies to the tenant by both certified and first-class mail. If the tenant does not pay the rent in the specified time, the landlord can file an eviction complaint with the court.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. The Yonkers City Court hears eviction cases involving rental properties in Yonkers. The Yonkers City Court is part of the 9th Judicial District, Westchester County.

Step 4. Contact an Experienced Yonkers, New York Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

Lease agreements
Records of payments
Bounced checks
Record of communication between you and the tenant
Record of the eviction notice
Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will be given a specific amount of time to vacate the property. This time frame varies by state, but it generally ranges from 48 hours to one week. If the tenant refuses to leave by the deadline, you can contact local law enforcement in , to have them removed from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:

Hiring a private debt collector
Garnishing their tax refunds
Garnishing their wages
Taking the case to small claims court

Work with an Experienced Eviction Attorney in Yonkers, New York

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Yonkers attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across New York state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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