Eviction Process in New York

If you’re having trouble with a tenant, it’s fine to try and work things out between the two of you, but sometimes eviction is necessary. Every step of the eviction process should be overseen by an experienced eviction attorney.

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Work with your Tenant to Develop a Plan

If you’re like most landlords, you don’t want to have to go through your local landlord-tenant court to resolve issues. Identify the problem and work together to come up with a solution. For instance, develop a payment plan for tenants who are unable to keep up with their rent, or set a curfew for those who may be causing disturbance by noisy night parties.

Contact a Lawyer to Serve Notice on your Tenant

If the plan fails or your tenant simply won’t comply, you’ll need to serve notice to your tenant that unless he lives up to the terms of his contract you will begin the eviction process. Serving notice without the help of a lawyer can cause unwanted delay in the eviction process. Many lawyers who are experienced in evictions will draft a notice for you free of charge if you hire them to handle the rest of the eviction process. Contact an eviction attorney today.

Initiate the Eviction Process

Once it’s evident that you tenant is still refusing to fulfill his responsibility, contact your lawyer and begin the eviction process. Nassau evictions will most likely be handled in the District Court of Nassau County, or the City Courts of Glen Cove and Long Beach. Suffolk evictions are usually handled in the District Court of Suffolk County. Once the location is determined, your lawyer will draft a notice of petition with petition to be served to your tenant in accord with the Real Property Actions and Proceedings Law.

Most evictions fall into two categories:

Non-Payment Actions – Evictions for failing to pay rent.
Hold-Over Actions – Evictions for any other reason.

Plan to Testify on the Court Date set by the Judge

At the trial, someone who is familiar with the situation needs to testify. Preferably it will be you, and the eviction attorney will help you prepare for the trial.

Prepare Your Judgment and Warrant

If you win the case, the judge will need to approve and sign both the judgment and warrant of eviction. You should also plan to pay for a transcript of the case. Without these three documents if you wish to enforce judgment and ensure the tenant will legally be removed.

Contact the Sheriff if Your Tenant doesn’t leave

Most evicted tenants leave within 72 of the trial, but if your tenant doesn’t head out on his own, you will need to call the Sheriff to physically remove him.