Yonkers, New York - Tenant Eviction Process
Kick'em Out Quick® Member Law Firm*
Servicing all of Westchester County, New York
Explanation / New York - Tenant Eviction Process
New York evictions can be a lengthy process that if not done within the specific confines of the New York Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - New York Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - New York Tenant Eviction Notices & Landlord Forms.
If you have any questions about the New York Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Yonkers Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney Glen P. Malia today to discuss your case (914) 788-4126.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
There are two basic grounds for evicting a tenant in New York.
They are: if the tenant does not pay rent (nonpayment) or if the tenant remains in the apartment after the lease, whether written or oral, has expired (holdover).
Before starting an eviction proceeding for the tenant’s non-payment of rent, the Landlord must make a demand for the rent. The demand may be oral or in writing. If the demand is in writing it must be served on the tenant by a process server and the tenant must be given at least 3 days to pay the rent. This rent demand is sometimes referred to as a 3 day notice. If there is a written lease, the landlord must also follow the terms of the lease in making a demand for rent.
Before starting an eviction proceeding for the tenant’s holdover when there is no written lease, the landlord must give the tenant at least 1 full month’s notice of termination of the lease. This notice can be oral or written. This notice is sometimes called a notice of termination.
The eviction proceeding, which is also called a summary proceeding, must be brought in the local court, whether city, town or village, where the property is located. An eviction proceeding in a Town or Village court is started by serving the tenant with a Notice of Petition and a Petition. An eviction proceeding in a City Court is started by filing the Notice of Petition and Petition with the court clerk.
The Notice of Petition, which must be signed by an attorney or the court clerk, tells the tenant when he has to appear in court. The Petition, which must be sworn to before a Notary Public, tells the tenant the reasons he is being evicted. The Notice of Petition and Petition must be served on the tenant at least 5 days before the scheduled court date but no more than 12 days before the court.
In a Town or Village Court the original Notice of Petition and Petition, with an Affidavit of Service of the papers on the tenant, must be filed with the Court no more than 3 days after serving the tenant. In a City Court the Affidavit of Service of the Notice of Petition and Petition on the tenant, must be filed before the court date.
The Affidavit of Service is prepared by the person who served the Notice of Petition and Petition, who is called the process server. The landlord cannot serve the Notice of Petition and Petition on the tenant. The court filing fee is $45.00, if the proceeding is in a City Court and $20.00 if the proceeding is in a Town or Village Court.
At the first court appearance, 1 of 3 things can happen:
The tenant fails to appear;
The tenant appears, admits the claims in the Petition and asks the Court for time to move out of the apartment; or
The tenant appears, denies the claims in the Petition and asks for a trial.
If the tenant fails to appear the Court will grant a Judgment and Warrant of Eviction. The Judgment may include money that the tenant owes if the Notice of Petition and Petition were personally served on the tenant, or the process server attempted to serve the tenant at least 3 times.
The Warrant of Eviction, which is the Court Order allowing the physical eviction of the tenant, may be issued but not become enforceable for a period of time. This is called a stay of eviction and the Court has the power to order a stay even if the landlord does not agree.
If the tenant appears and admits the claims in the Petition, the Court will grant a Judgment, which will include any money that the tenant owes, and Warrant of Eviction. The Court may also grant a stay of the eviction.
If the tenant appears and requests a trial the Court can have the trial right away if both the landlord and tenant are prepared or adjourn the case to a later date for trial. The trial must be held within 10 days of the first court appearance unless the landlord agrees to a longer delay.
At the trial the landlord submits his evidence, which may include oral testimony and written documents, and the tenant can submit evidence. The Court will then render a Decision and if in favor of the landlord will grant a Judgment, which will include any money the tenant owes, and Warrant of Eviction. If the Court’s Decision is in favor of the tenant, the proceeding will be dismissed and the tenant can stay in the apartment.
When the Warrant of Eviction becomes effective it must be given to an enforcement officer for service on the tenant. In a City the enforcement officer is a City Marshal. In a Town or Village the enforcement officer may be a constable or the County Sheriff.
The Warrant of Eviction is served on the tenant with a 72 Hour Notice to Vacate the Apartment. If the tenant does not voluntarily vacate the apartment, the enforcement officer will physically evict the tenant after the expiration of the 72 hour notice. A TENANT CANNOT LEGALLY BE EVICTED FROM AN APARTMENT WITHOUT THE ISSUANCE AND SERVICE OF A WARRANT OF EVICTION AND THE ENFORCEMENT OFFICER PERFORMING THE EVICTION.
Depending on the enforcement officer, the eviction can be performed by merely changing the locks and giving the tenant an opportunity to remove his property; placing the tenant’s property on the road; or having a licensed and bonded mover remove and store the tenant’s property.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.