New York Eviction Questionnaire for Tenants

State:
Multi-State
Control #:
US-Q1015
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of a tenant in an eviction matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Evicting a tenant in New York can take around one to five months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer (read more). Introduction. New York landlords must have legal reason to evict a tenant.

As mentioned above, the landlord will need to check your identity, employment status and character. References have exactly this purpose. My second advice is to ask your referees at the beginning of your house-hunting process so they are aware they might get a call asking about you.

NYS Tenant Safe Harbor Act (TSHA)Tenants who can prove they had financial hardship during the State COVID-19 emergency period (March 7, 2020 to June 24, 2021) may have a defense in court to eviction for non-payment of rent owed during that period, under the NYS Tenant Safe Harbor Act.

Can a landlord see how much money is in your bank account? No, landlords cannot see how much money is in your bank account. If you provide your bank account number to your landlord, then they are obligated to keep that information confidential and your bank will not disclose your balance to them.

The eviction process is as follows: Proceed to the justice court in the city of the rental property. File a Petition and Notice of Petition and include copies of the following: Notice to Quit, the lease/rental agreement, and proof/documentation that supports the petition. Pay the court fees.

No. Government Gazette No: 43167 dated 26 March 2020 makes it clear that all evictions and execution of attachment orders, both movable and immovable, including the removal of movable assets and sales in execution is suspended with immediate effect for the duration of the lockdown.

A landlord or property manager may ask for your bank account number to ensure that you actually have a bank account and make enough to cover the rent. They may also want your bank account number in case you miss rent payments.

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. o A sheriff, marshal, or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

More info

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New York Eviction Questionnaire for Tenants