Reclaiming Leased Property—The Eviction Process
Before a landlord can reclaim possession of leased property, he or she must terminate the tenancy. First, there must be a notice of default given, depending on the nature of the default. For example, the law requires three days notice for unpaid rent or 30 days notice to terminate a tenancy in the event of a month-to-month tenancy. In no event should a lease contain time frames greater than those that are required by the law.
Typically notice of default must be provided in writing and in accordance with the terms of the lease or if there is no lease, in accordance with the Real Property Actions and Proceedings law.
Every landlord is cautioned against forced entry or entry without a judgment of possession from a court. Forced entry is never advisable regardless of the grounds of termination and is considered a trespass and breach of quiet enjoyment. If a tenant is ejected by forceful or unlawful means a landlord can subject him or herself to damages under the Real Property Actions and Proceedings Law. (more…)