For most people this is straightforward: the primary residence where you live is both your state of domicile and the state in which you are a resident for tax purposes. However, you can still be considered a resident of New York State for income tax purposes even if you are not domiciled in the state.

How do I evict a rent stabilized tenant in NYC?

Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires.

How do I prove non primary residence in NYC?

You have the strongest defense when you can demonstrate that your apartment is the residence where you spend most of your time, and to which you have the strongest connections. Evidence of this can include: as many tax returns as you have with the apartments address on them. your driver’s license or New York State I.D.

Does a landlord have to clean my apartment before I move in NYC?

Apartments should be cleared out completely before move in. Also, generally speaking, the landlord will clean the apartment. Most landlords will also paint the apartment especially if has not been painted recently. On my website frele, we have thousands of NYC apartments for rent.

How long does the eviction process take in NYC?

Relocation Headaches: Assuming that the landlord has obtained a warrant of eviction against you, the landlord can now send that paperwork to the marshal to enforce the warrant. In NYC, it usually takes about three weeks for a marshal to get their paperwork ready from the courts and serve the Notice of Eviction.

Can a landlord take you to court for non-primary residence?

“At the expiration of your lease, your landlord can send a notice that they’re not going to renew,” Himmelstein says. “They can take you to court and charge you with using the apartment as a non-primary residence.”

How long can you sublet an apartment in New York?

The court will also consider other factors in evaluating the case, such as where you file taxes and vote, and whether you sublet the apartment. However, you can legally sublet your apartment for up to two years out of any four, provided that you follow the procedures set forth in Section 226-b of the Real Property Law .

How does rent stabilization work in New York?

In New York City, rent stabilization can make life easier for tenants in a highly competitive and expensive market by providing certain rent and eviction protections. (For background on the history of stabilization and the laws governing rent increases, read our insider’s guide .)