Eviction Types

Nonpayment of Rent

Tenants have a 5-day grace period before a rent payment is considered late.
Once rent is late:

• The landlord must send a 5-day late rent notice to the tenant.
• The landlord must also issue a 14-day rent demand (often delivered by mail), stating the tenant must pay or vacate the unit within 14 days.

⚠️ Important Note: Tenants cannot be evicted for failing to pay late fees—only for unpaid rent.

Staying Past the End of Tenancy

This applies in two scenarios:

1. The tenant had a fixed-term lease (e.g., a 12-month agreement) that has expired.
2. The tenant is month-to-month and has received proper written notice to vacate. (See section: Month-to-Month Lease)

• Lease termination notices do not need to be notarized or formal, but must be in writing.
• If you live outside a locality with Good Cause Eviction, the landlord does not need to give a reason for ending your lease.
• In the City of Albany and other Good Cause municipalities, landlords must provide a valid reason and cannot simply choose not to renew (see Good Cause Eviction section).
• If your landlord claims you’re not protected by Good Cause Eviction, they must provide written documentation stating why.

⚠️ Important Note: Receiving a lease termination does not remove the tenant’s obligation to pay rent up to the last day of the tenancy.

Once proper notice has been served and the tenant remains in the unit:

• The landlord may file a holdover eviction.
• If the tenant pays rent after the termination date and the landlord accepts the payment, the holdover is invalidated and the landlord must start the process over.

Breach of Lease

If a landlord claims a serious violation of the lease, they must:

• Provide a written notice to cure, giving the tenant 3, 5, or 10 days (depending on the lease language) to correct the issue.

If the tenant fixes the problem, the issue is resolved.
If not:

• The case can go to court.
• If the court finds the tenant did violate the lease, the tenant will usually be given 30 days to correct the violation.
• If the tenant still does not comply, eviction is likely.

Squatters

A property owner may begin a squatter eviction if there is no landlord-tenant relationship with the occupant.
This may happen if:

• The owner bought the property in a foreclosure sale.
• The occupant moved in as a guest but never signed a lease.
• The occupant moved in without permission as a squatter.

In these cases, the owner must serve a 10-day Notice to Quit, telling the occupant to vacate or be taken to court.