Eviction can be a complicated and sometimes complex process, especially in New York. If you're a landlord in the State of New York looking to evict a tenant, it's important that you understand the local laws and regulations that apply. This article provides a comprehensive overview of how to get started with evicting a tenant in New York, from the beginning of the procedure to its conclusion.

Evicting a Tenant in New York

Evicting a tenant can seem like a daunting prospect in any state — but in New York, the process is more complicated than in other states. Many regulations and rights for tenants and landlords are unique to New York law, and it's important to understand these before you start the process of evicting a tenant.

The first step for New York landlords who want to evict a tenant is to review their lease agreement. This document will provide important details on the rights and obligations of the tenant and landlord, and will inform you of any conditions under which the tenant may be evicted. Make sure you understand the legal implications of the lease agreement before you proceed.

Once you have familiarized yourself with the lease agreement, the next step is to determine the cause of the eviction. New York state offers two possible legal bases for an eviction: nonpayment of rent, and breach of lease agreement.

If the cause of the eviction is nonpayment of rent, then you must follow the procedures outlined in the state's landlord-tenant law. This includes providing the tenant with a five-day demand for rent, which must include the amount of rent due, the date the rent was due, and the date the tenant must pay the rent or move out. If the tenant moves out before the five-day deadline, then you do not need to pursue further legal action.

If the tenant does not move out in the five-day period, then the landlord can commence eviction proceedings by filing a special proceeding known as a court petition.

If the cause of the eviction is breach of the lease agreement, then the landlord must provide the tenant with a notice to quit. This is a written document that must include an itemized list of the lease violations, the date the violations occurred, and a statement that the tenant has a certain amount of time — usually at least 10 days — to vacate the property.

If the tenant does not move out in the time frame listed in the notice to quit, then the next step is to file a special proceeding known as a court petition.

Filing a Court Petition

When a New York tenant is refusing to move out after a notice to quit is served, or after five days’ notice for nonpayment of rent, the landlord must start an eviction action by filing a court petition. The petition must be filed in the proper court, and the tenant must be served with a copy.

The court petition must include a statement of claim that explains the landlord's claims against the tenant. If the tenant thinks the landlord is wrong and wishes to stay in the rental property, then the tenant must file an answer in court. The tenant must also file a "notice of appearance" and pay a filing fee.

When the landlord and tenant appear in court, they will each have the opportunity to present their respective arguments. The court may then issue a judgment based on the hearing.

If the court decides in favor of the landlord, then the tenant must move out of the rental property. If the tenant still refuses to move out, then the landlord may need to request a "warrant for removal." This action will enable the landlord to have the sheriff physically remove the tenant from the premises.

Seeking Professional Help

Evicting a tenant in New York is a complex process that requires familiarity with the law. For this reason, landlords may wish to seek help from an experienced attorney. A lawyer can provide valuable advice and assistance, ensuring that the eviction process is conducted in accordance with all applicable laws.

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Tenant Rights