If you are a landlord or property manager in New York State, 2024 and 2025 have been whirlwind years for housing law. Between the new “Good Cause Eviction” statutes and updates to property codes, it is difficult to keep track of what you can and cannot do.
Unfortunately, misinformation often travels faster than the truth. At Tiveron Law, we see many property owners make expensive mistakes because they relied on “common knowledge” that turned out to be legally incorrect.
To help you protect your property and remain compliant, we are debunking the five most common eviction myths circulating right now.
Myth #1: “You cannot evict a tenant during the winter months.”
The Truth: There is no blanket “winter eviction moratorium” in New York State.
This is perhaps the most persistent rumor we hear. While some states and specific cities have experimented with cold-weather bans, New York State law generally allows evictions to proceed year-round, regardless of the temperature or snow accumulation.
The Nuance: While you can file and execute an eviction in winter, the process may naturally slow down.
- Sheriff Discretion: Sheriffs and Marshals (who physically execute the warrants) generally will not put people out on the street during a blizzard or extreme weather emergency. Also, Marshalls and Sheriffs will not typically execute warrants throughout the last two weeks of the calendar year.
- Judicial Discretion: Judges may be more inclined to grant a tenant a slightly longer “stay” (extra time to move) if the weather is dangerous, especially if children or elderly tenants are involved.
Bottom Line: Do not wait until spring to file your case. The legal process takes months; if you pause for winter, you are simply adding unnecessary delay to an already lengthy timeline.
Myth #2: “If someone sneaks in and stays for 30 days, they have ‘Squatter’s Rights.'”
The Truth: New laws passed in 2024 have explicitly redefined “squatters” to strip them of tenant protections.
For years, New York landlords feared the “30-day rule,” which often blurred the line between a guest and a tenant. However, recent amendments to the Real Property Actions and Proceedings Law (RPAPL) § 711 have clarified the definition.
The law now explicitly states that “a tenant shall not include a squatter.”
The Caveat: This law is designed for true intruders in your property. It does not apply to a tenant whose lease has expired (a “holdover”) or a friend you let stay for “a few weeks” who refuses to leave (a “licensee”). In those cases, you still need a formal court proceeding.
What this means: A squatter is defined as someone who enters the property without permission and stays without permission. They do not gain the rights of a rent-paying tenant simply by hiding out for a month. However, if the landlord or property manager accepts rent from this person, it can establish a tenancy.
Myth #3: “Good Cause Eviction means I can never end a tenancy.”
The Truth: You can still evict, but the paperwork has changed drastically – even if your town hasn’t “opted in.”
“Good Cause Eviction” is the major headline of 2025. It requires landlords to have a specific reason (like non-payment or lease violations) to evict or non-renew a tenant.
Crucial Warning for Western NY Landlords: Many towns in Western New York have not yet “opted in” to Good Cause Eviction. However, State Law still requires YOU to file the “Good Cause Eviction Law Notice” form.
- Even if your property is exempt (e.g., you are a small landlord or the town hasn’t opted in), you must attach this specific form to every lease renewal and eviction notice, explicitly checking the box that says you are exempt.
The Caveat: If you file an eviction case in Buffalo or Amherst and forget this single piece of paper, the judge may be forced to dismiss your entire case, sending you back to square one.
Myth #4: “They haven’t paid in months, so I can change the locks to get them out.”
The Truth: “Self-Help” evictions are a Class A Misdemeanor. Do not do it.
When a tenant stops paying, the frustration is real. However, bypassing the court system – by changing locks, removing the front door, cutting off heat/electricity (including directing them to be discontinued,) or moving their belongings to the curb – is a crime under RPAPL § 768.
The Penalties:
- Criminal: You can be arrested and charged with a misdemeanor.
- Civil: You can face fines ranging from $1,000 to $10,000 per violation.
- Restoration: The police can (and will) force you to let the tenant back in, and you may be liable for triple damages in civil court – meaning you could end up owing the tenant money instead of recovering your back rent.
Always wait for the Warrant of Eviction signed by a judge. It is the only piece of paper that gives you the legal right to reclaim possession.
Myth #5: “I can use the same eviction form for any situation.”
The Truth: Filing the wrong type of petition is the #1 reason cases get thrown out.
In New York, eviction proceedings are strictly divided into two “lanes.” You cannot mix and match them.
- Non-Payment Proceeding: Used when the tenant has a valid lease but owes you money. You must serve a 14-Day Rent Demand first.
- Holdover Proceeding: Used when you want the tenant out, regardless of the money. This applies when a lease has expired, a tenant is violating lease rules (pets, noise), or you are removing a licensee/guest.
The Common Mistake: Landlords often file a “Non-Payment” case against a tenant whose lease has already ended. Because there is no current lease, the court may dismiss the case. You likely need a “Holdover” proceeding instead.
Tiveron Does The Eviction Process “The Right Way”
In 2025, the “wild west” days of property management are over. The courts demand precision. A missing date, the wrong predicate notice, or a failure to attach the new Good Cause rider can cost you thousands of dollars in lost rent and legal fees. Don’t guess with your investment. If you need to remove a non-paying tenant or navigate the new Good Cause notice requirements, contact Tiveron Law. We handle the procedural heavy lifting so you can reclaim your property legally and efficiently.