26 Dec Evictions During The Moratorium

What the eviction moratorium has done to NYS Landlords should be a crime in itself but we’re not here to play Politician. We’re here to make sure that we eliminate as much of the headache that we can for our client’s. Hopefully if you’re someone reading this in the future, the eviction moratorium is gone with the wind but as I write this post, it’s still in full effect. Our eviction attorney has been able to secure numerous evictions on properties in multiple NYS counties because of the way that we set up our lease. I am not an attorney; I am a mere investor and manager, but this information comes from my own personal experience. We have been successful in acquiring evictions for two main reasons.

Hold Over & Nuissance – The NYS Eviction moratorium does not protect Tenants from being eviction due to lease hold over. Since all of our tenants are on month-to-month leases (at will leases), we can and evict and have been granted evictions from numerous Judges. There are some caveats to this, there is a lot more paperwork that has to be served and filed with the court and we are not able to get default judgements. There are going to be some tenants that want to accept their fate, they won’t show up to court and right now the Judges are not granting default judgements on those Tenants that do not show up to court unfortunately. The same goes for nuisance Tenants or Tenants who have lease violations. Simply put, you can get your Tenants evicted as long as the reason is not for non-payment.

This eviction moratorium turned normal paying Tenants who were not impacted by Covid-19 into freeloaders. It’s incredibly unfortunate and the lack of defenses for our Clients has been infuriating to them and to us. We’re strict and we don’t relent. I would like to add however that even with the signed Eviction, some Sheriff departments won’t execute the eviction warrant. You can serve the eviction notice to the Tenant but if they ignore that notice too and the Sheriff’s won’t execute the eviction warrant, there is nothing that can be done.