In New York City, not all apartments are created equal, and neither are eviction proceedings. The legal path to removing a tenant from a free-market apartment versus a rent-stabilized unit is vastly different. Landlords who fail to understand these differences risk costly dismissals and years of litigation.

The Free-Market Scenario: A Matter of Contract

In a standard, free-market apartment, the relationship is governed primarily by the lease agreement.

Non-Payment

The process is relatively straightforward. If the tenant doesn't pay rent, you serve a 14-day demand and can proceed to court.

Holdover

If you simply do not wish to renew the lease, you can terminate the tenancy by providing the proper written notice (30, 60, or 90 days, depending on the length of their tenancy). You do not need to provide a reason. The lease is a contract with an end date, and you are not obligated to offer a new one.

The Rent-Stabilized Scenario: A Minefield of Regulations

Rent stabilization grants tenants a host of protections that dramatically change the eviction landscape.

The Right to Renewal

A landlord must offer a rent-stabilized tenant a renewal lease. You cannot simply decide not to renew because the lease term is ending.

Limited Grounds for Eviction

To evict a rent-stabilized tenant in a holdover proceeding, you must prove one of a few specific grounds enumerated in the Rent Stabilization Code. These include:

  • Owner's Use: You (or an immediate family member) intend to use the apartment as your primary residence. This is a complex proceeding with a high burden of proof.
  • Nuisance: The tenant is chronically disruptive, damaging the property, or engaging in illegal activity. This requires extensive evidence.
  • Non-Primary Residence: You must prove the tenant is not actually living in the apartment as their primary home. This often requires significant investigation.
Trying to evict a rent-stabilized tenant using free-market rules is an automatic loss. The case will be dismissed, and you may even face penalties.

The burden of proof is always on the landlord. For rent-stabilized units, that burden is exponentially higher. Before taking any action against a tenant, the first and most critical question is determining the regulatory status of the apartment. Misclassifying it is a mistake you cannot afford to make.