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L premises as defined in this Title, and from certain residential rental premises as set forth in subsection b. below, by a judgment of the Superior Court in a summary action if the tenant: (1) continues in possession of all or any part of the premises after expiration of the lease term, and after service by the landlord of written demand for possession of the premises in accordance with sections LT:5-2.3b.and LT-5.2.2. (2) continues in possession after failure to timely pay rent, pursuant to th.
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Unfeasible FAQ
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The landlord may file a Notice of Petition and Petition for eviction with the Court (see step 3 below). If there is no written lease, the tenancy must be terminated by a 30 day written notice (see step 1 below).
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evict an occupant from their home without a court order, or to fail to restore an occupant who. was evicted without court order. ( RPAPL § 768) Unlawful evictions are now criminal matters and law enforcement should play an active role in enforcing the law.
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Comply With the Eviction Notice, If Possible If you comply with the eviction notice by paying all the rent due and owing, then, in New York, the landlord must not proceed with the eviction (see N.Y. Real Prop. Acts § 711(2)).
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(a-1)(1) A housing provider shall provide the tenant with notice of the housing provider's intent to file a claim against a tenant to recover possession of a rental unit for the non-payment of rent at least 30 days before filing the claim; except, that the housing provider shall not issue such notice if the amount of ...
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Some of the top defenses tenants can raise against California evictions include lack of proper notice from the landlord, uninhabitable living conditions, retaliation for asserting rights, discrimination, refusal to accept rent payment, and failure to follow COVID-19 eviction moratoriums.
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Termination date: The law says, the termination date must be effective no earlier than thirty days after the date on which the next rental payment is due (after the notice is delivered). The notice is considered delivered five days after mailing.
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Tenants cannot be legally ordered to vacate their residential units unless they have been properly notified of the beginning of the eviction process. State law provides for 3 types of notices: 3-day notice, 7-day notice with a chance to 'cure,' and an 'unconditional quit' 7-day notice.
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Where a tenant fails to pay rent, is causing a nuisance, is damaging the apartment or building, or committing other wrongful acts, the owner may proceed directly to court after the service of the proper notices.
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