Information Provided by LEGAL SERVICES OF CENTRAL NEW YORK
BEFORE YOU CAN BE EVICTED
● Your landlord must give you a written 14-day demand for back rent.
● If you prove in court that your back rent is paid, the court can stop the eviction.
● Your landlord must give you written notice of 30, 60, or 90 days to end your lease or raise your rent 5% or more, depending on how long you’ve lived there.
● Court eviction papers must be served on you between 10 and 17 days before court.
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AT EVICTION COURT
● At your eviction hearing, you may ask the judge for a 14-day adjournment.
● If you complain to your landlord or Codes about problems with your rental, it can be found to be unlawful retaliation if the landlord tries to evict you within one year.
● If the court evicts you, you cannot be forced to leave for at least 14 days.
● If the court evicts you for nonpayment, and you pay the full amount of rent due, you can stay in your home.
● If you are evicted for breaking the rules of your lease, the court must delay eviction for 30 days for you to fix the problem.
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NEW RIGHTS FOR RENTERS
● If you break your lease and move out early, the landlord may be required to search for new tenants before attempting to sue you for the remaining rent on the lease.
● “Blacklisting” tenants for prior evictions or landlord disputes is now illegal.
● Landlords may no longer charge an application fee. Background and credit check fees are limited to $20 total.
● Late fees are limited to $50 or 5% of monthly rent, whichever is lower.
● Your landlord must give you a written receipt for all payments except those by personal check. You must request a written receipt for payments made by personal check. Landlords must save receipts for 3 years.
● Your landlord must send you a written notice within 5 days if you failed to pay your rent on time. If the landlord does not do this, it may be a defense in your case.
● Your security deposit may not be more than one month’s rent. You are entitled to inspect the apartment with your landlord before you move in and move out.
● If your landlord wants to keep any of your security deposit, you must be given a written list of what it is being used for within 14 days of moving out.
● Unlawful eviction is now a crime.