According to studies, evictions are on the rise in the United States. So much so that in 2022, more than 200,000 people had to move due to eviction or foreclosure, 56% higher than the previous year.
Being evicted from your home can be devastating, especially if you didn't see it coming. However, there are specific eviction protection rules your landlord in Saratoga Springs must follow.
As a tenant, resources are available to help you stay in your home. For example, you may be able to get rent payment assistance or a lease termination notice extension.
So if you're renting a home in Saratoga Springs and concerned about eviction, keep reading. Here are three things you may need to learn about eviction protection in New York.
1. Illegal Eviction Misdemeanors
One of the first things to note about eviction protection in Saratoga Springs is that your landlord can be subject to a class A misdemeanor if they try to evict you illegally. For example, by doing any of the following:
- Change the locks
- Removing your property or furniture
- Cutting off utilities like electricity and water
- Padlocking doors
- Removing doors
2. Notice Periods Required
Another regulation your landlord must adhere to is giving you, as the tenant, enough notice about your eviction. You can be evicted for several reasons, such as if your lease ends and the landlord chooses not to renew it.
The amount of notice the landlord must give depends on how long you've lived in the property. These notice periods are valid even if the lease switched to a month-to-month lease after the initial lease period ended. Here are some notice periods required by law:
- Less than one year requires 30 days' advanced notice
- At least one year but less than two requires 60 days' advanced notice
- Two or more years require 90 days' advanced notice
3. The Court Must Approve Evictions
The case should be taken to court when your landlord wants to evict you, where you can present your side of the dispute in court. However, if you fail to attend, the judge will likely grant in favor of the landlord under a "default judgment." To avoid this, show up on your predetermined court appearance date.
If the judge rules in your favor, the case will be dismissed, allowing you to continue living in your home. However, if the judge rules in favor of the landlord, you'll be served with a Warrant of Eviction, which you have to sign. You also have the right to appeal if you think the judge made the wrong decision.
Understanding Tenant Eviction Protection
Being served with eviction papers can make anyone's blood run cold, so it's essential you know your rights as a renter. Eviction protection protects you as the tenant from being unlawfully evicted from your home. Your landlord cannot change the locks or bar you from entering the property, has to give the notice required by law, and has to appear in court to finalize the eviction.
Contact us today if you're looking for full-service property management in Saratoga Springs. We pride ourselves on providing prompt and personalized service for your satisfaction.