Can You Evict a Rent Stabilized Tenant? Rules to Know

Rent control and stabilization are common in many major U.S. cities — they’re measures designed to address affordable housing concerns. In fact, about 50% of New York City's housing inventory are rent controlled apartments, while San Francisco has around 250,000 and Los Angeles is home to 624,000 such units. These policies do more than just regulate rent amounts; they also come with a set of guidelines that both landlords and tenants need to understand.

One aspect of these regulations is how they apply to evictions. Contrary to popular belief, rent-stabilized tenants aren't immune to eviction. There are situations when a landlord can legally remove a tenant from a rent-stabilized apartment. But what are these reasons, and what does the process involve?

This article explores rent stabilization, covering the legal grounds for eviction, the eviction process, and tips for landlords managing rent-stabilized units. We'll also address common questions and discuss effective ways for landlords to navigate these specific regulations. For landlords and tenants alike, understanding these rules helps maintain a fair and legal housing situation.

Understanding rent stabilization

Rent stabilization is a regulation implemented in several U.S. states and the District of Columbia, where housing affordability is a significant concern. Its main purpose is to limit large rent increases and provide housing security for tenants.

The key characteristics of rent stabilization include the following:

• Regulated rent increases: Various local authorities set annual limits on rent increases for stabilized units. Examples include the NYC Rent Guidelines Board, San Francisco Rent Board, and Washington DC Rent Control Board. Check with your local housing agency for specific regulations in your area.
• Lease renewal rights: Tenants have the right to renew their rent-stabilized leases, giving them long-term housing stability.
• Eviction protection: Landlords can only evict tenants for valid legal reasons that protect them from arbitrary displacement.

Legal grounds for eviction of rent-stabilized tenants

Landlords can only evict rent-stabilized tenants for valid legal reasons, which include the following:

Owner occupancy

Landlords can evict tenants if the landlord or an immediate family member plans to use the unit as their primary residence, provided they have genuine intent to occupy the property. However, rent laws governing this process vary significantly by location.

For example, owner occupancy evictions in New York City require the following:

• Landlords of rent-stabilized apartments must provide 90-150 days' notice before the lease expires if they intend not to renew due to owner occupancy.
• Property owners can recover only one apartment for personal use.
• Evictions aren't allowed for tenants over 62 or those who have lived in the apartment for 15+ years.
• Disabled tenants or their spouses can't face eviction unless offered an equivalent or superior apartment.

Many cities have their own approaches to owner-occupancy evictions. For instance, in parts of California like Healdsburg and San Francisco, landlords must provide eligible tenants with relocation assistance. Areas may also restrict how soon landlords can re-rent the unit after an owner moves in to prevent misuse of this type of eviction.

In some situations, tenants may have access to additional resources. When federal funds are involved, the U.S. Department of Housing and Urban Development (HUD) provides guidelines and assistance programs for tenants.

Nonpayment of rent

If a rent-stabilized tenant fails to pay rent, the landlord has the right to start eviction proceedings. The process begins with a written "Rent Demand" notice, typically giving tenants 14 days to pay overdue rent. This notice should include details like the exact amount owed, accepted payment methods, and consequences of non-payment.

If the tenant doesn't pay within this period, the landlord may file for eviction in court. However, tenants have the right to contest the eviction, and both parties may present their case before a judge.

Property owners should do the following:

• Adhere to all local requirements for notification.
• Keep detailed records of all rent history and any partial payments.
• Document your communication with the tenant about the late rent.

Stabilized tenants should do the following:

• Respond quickly to any rent demand notice.
• If you dispute the amount owed, gather evidence like rent receipts or bank statements to support your case.
• Consider using a payment plan service in financial hardship situations.

Valid defenses for tenants could include improper notice or habitability issues with the unit. Tenants facing financial difficulties should explore emergency rental assistance programs and consider seeking help from tenant advocacy organizations or free legal advice resources.

Lease violations

Lease violations are grounds for eviction if the tenant breaches the terms of their lease agreement. Common lease violations include the following:

• Subletting the apartment without permission.
• Keeping pets in a no-pet building.
• Causing significant damage to the property.
• Hosting unauthorized occupants.

In such cases, the landlord must provide the tenant with a notice specifying the lease violation and giving them a chance to fix the situation. The timeframe property owners must allow for resolution varies by location. For example:

• NYC: Tenants have 10 days to resolve the issue.
• San Francisco: Generally 10 days, except for serious and imminent risks.
• New Jersey: Renters must address the violation within 30 days.

The landlord can proceed with eviction if the tenant does not correct the violation within the required time.

Illegal activity

Involvement in illegal activities in rent-stabilized units is a serious lease violation and grounds for eviction. Activities can include dealing drugs, operating a business without proper authorization, or any criminal behavior that disrupts the safety and well-being of other tenants. The eviction process for illegal activity involves the following:

• Gathering evidence of the illegal activity.
• Providing the tenant with a notice to vacate based on the illegal conduct.
• If the tenant does not vacate, the landlord can file for eviction and present evidence to justify the eviction.

Eviction process steps

If you determine legal grounds to evict tenants, the process typically includes the following:

Step 1: Provide written notice

Issue a formal written notice to the rent-stabilized tenant providing the reason for eviction. The notice needs to meet local legal requirements regarding the format, content, and delivery method.

Step 2: File an eviction lawsuit

If the tenant doesn’t comply with the notice, file an eviction lawsuit with the appropriate court. This involves submitting paperwork and paying any filing fees. You'll need copies of the lease agreement, notices, and any other relevant documentation to support your case.

Step 3: Serve court papers

Hire a licensed process server to deliver the eviction lawsuit papers to the tenant. This verifies delivery, notifies the tenant of the lawsuit and court date, and provides proof of service to the court.

Step 4: Attend the court hearing

Both the landlord and tenant will have the opportunity to present their case in court. Be prepared to support your eviction claim.

Step 5: Obtain a judgment

If the court rules in favor of the property owner, it issues a judgment approving the eviction to proceed. The judgment may include a specified date by which the renter must vacate the property.

Step 6: Enforce the eviction

If the tenant doesn’t leave by the court-ordered date, the landlord can request a writ of possession from the court. This authorizes local law enforcement to remove the tenant and their belongings from the property.

Step 7: Handle tenant belongings

Follow local laws regarding the handling and storage of any belongings left behind by the tenant. Some jurisdictions require landlords to store items for a certain period and provide notice to the tenant before disposing of them.

Tips for landlords with rent-stabilized units

If you own property in an area with legal regulated rent, be sure to follow all legal guidelines, including the following:

• Fair housing: Understand and comply with fair housing laws. This includes not discriminating based on race, color, national origin, religion, sex, familial status, or disability. Treat all tenants and applicants fairly and equally, and avoid any discriminatory practices.
• Security deposits: Know the specific state rent laws governing security deposits. These regulations govern aspects like maximum amounts, holding procedures, and return timelines after a tenant moves out of a rent-stabilized apartment.
• Warranty of habitability: Make sure that your rent-stabilized apartments meet the basic habitability standards required by law. This includes providing essential services like heat, water, electricity, and maintaining the property in a safe and livable condition.

Managing rent-stabilized apartments

To effectively manage rent-stabilized apartments, consider using property management software like Azibo. This integrated platform streamlines your operations and supports your responsibilities as a landlord.

Tenant screening

Thoroughly screening potential tenants can help protect against future issues such as nonpayment, property damage, and lease violations. Azbio's tenant screening covers credit reports, criminal background, rental history, and employment verification.

This comprehensive approach helps you select reliable and responsible tenants and reduce the risk of problems down the line.

Lease agreement

Use Azibo's state-specific lease agreements to create legally compliant contracts. Strong agreements help protect your property, define tenant responsibilities, and document terms and conditions.

Providing clear details and expectations helps maintain a positive landlord-tenant relationship and smooth operations of your rental property.

Rent collection

Make it easy for tenants to pay monthly rent using online rent collection from Azibo. This convenient system allows tenants to pay securely from anywhere, confirming timely payments and reducing the hassle of handling checks or cash.

Azibo's platform offers automatic reminders and payment tracking, creating a rent payment record to minimize disputes.

Maintenance and messaging

Rent regulations require landlords to keep properties habitable. Make it easy for tenants to report maintenance issues using Azibo's maintenance and messaging capabilities. This also helps you track the status of requests and maintain a record of communications.

Addressing maintenance concerns quickly helps you comply with rent stabilization laws and avoid potential disputes.

Documentation

If you need to initiate an eviction, having all documentation in one place makes it easier to prepare your case. This includes items like lease agreements or notices of lease violations. Using Azibo's centralized document storage, you can securely organize all these items, ensuring quick access to everything you need to support your case in court.

How can you evict a rent-controlled tenant?

Rent stabilization laws balance tenant protection with landlords' rights. While these regulations provide assurances for tenants, they don't prevent all evictions. Landlords have legal avenues to address issues like nonpayment, lease violations, or the need for personal use of the property.

The eviction process requires following local laws and proper documentation. Both landlords and tenants benefit from knowing their rights and responsibilities under rent stabilization.

Using the guidelines outlined in this article, property owners can manage their rent-stabilized units effectively, while tenants can understand their protections and obligations. It's not just about following rules — it's about creating rental relationships that work.

How to get rid of a rent-stabilized tenant: FAQs

Can an apartment stop being stabilized in NYC?

Yes, apartments lose rent stabilization if the rent becomes too high, tenants earn too much, or the building undergoes heavy renovations. Specific legal conditions apply to each case.

How do I evict a tenant in Los Angeles rent control?

To evict a rent-controlled tenant in Los Angeles, you must have a valid legal reason, such as nonpayment, lease violations, or owner occupancy. First, provide appropriate written notice. If the tenant doesn't comply, file an eviction lawsuit and follow legal procedures through court hearings and judgment.

Can you break a rent stabilized lease in NYC?

Yes, but only for valid legal reasons such as nonpayment of rent, lease violations, or illegal activity.