What Should I Know About Owner Occupancy Evictions?

There are many reasons why a landlord might try to evict someone, but one type of eviction that can come as a surprise to a tenant is the owner occupancy eviction. In cases like these, the owner of the apartment is telling the tenant that they have to leave because the owner or their immediate family member needs to live in that space. However, while this is a legal reason to evict someone, a landlord must also follow specific rules when carrying out this type of eviction. If you’re a tenant and you believe that the proper procedures have not been followed, a New York City eviction defense lawyer from our firm may be able to help.

Can an Apartment Owner Really Remove a Tenant?

Yes, a landlord can evict you because they want to live in your apartment. You could be a model tenant. You can be in a rent-stabilized apartment. As long as the owner does their due diligence and carries out this process properly, they can live there. They can also evict you to let one of their immediate family members live there. It’s just necessary to show that this will be the occupant’s primary residence and that there is a compelling reason why they need your apartment.

Can a New Owner Of a Building Evict a Tenant and Live in Their Apartment?

It is also possible for the new owner of a building to evict a tenant and take their apartment if they want to live there. Normally, in the case of a foreclosure or sale, a tenant often still has a right to stay in their apartment. However, if the new owner asks a tenant to leave they can be evicted. The tenant needs to receive at least 90 days’ notice in order for this to be a legal eviction.

What Are the Requirements for an Owner Occupancy Eviction?

The really important thing here is notice. The exact window can be different in different situations, but generally a landlord must give the tenant somewhere between 90 and 150 days to vacate the premises. They also have to show that this eviction is absolutely necessary because they or their immediate family member needs the apartment as soon as possible. A property owner can only do this for one apartment. They cannot carry out multiple owner occupancy evictions in their building.

When is This Type of Eviction Not Allowed?

A landlord might not be allowed to perform this type of eviction if:

• The tenants of the apartment are 62 years of age or older
• The tenants have lived in the apartment for 15 years or more
• One or more of the tenants are disabled

In the last case, a landlord would have to offer a disabled tenant an equivalent or superior apartment nearby if they wanted to evict.

Talk to a Lawyer Today

If you believe that you are being unfairly evicted, contact Robert Rosenblatt & Associates. We can help you stand up for your rights and make sure that no one is taking advantage of you.