It can be difficult to navigate legal procedures when evicting a tenant in New York.Courts are very protective of a tenant's rights.If you're going to represent yourself as a landlord, you need to be aware of the elements involved so that you can get it right the first time.You don't want to be told to go home and start from scratch because you missed one of the steps in the eviction process.
Step 1: There are reasons you can evict a tenant.
In order to dispossess a tenant, you need valid reasons.New York has several eviction grounds.Failing to pay rent could be a reason for eviction, as well as ripping up flooring or breaking windows.Significantly interfering with the comfort and safety of the landlord or other tenants in the same building or adjacent buildings, for example, playing loud music or discharging a firearm on the property.The housing can be used for illegal or immoral purposes.The landlord had a policy on keeping pets.The landlord was refused access to the premises for repairs or an inspection.
Step 2: It's important to meet your responsibilities as a landlord.
Under New York law, with every written or oral rental agreement you enter into, you warrant that the property will be free from any conditions which would be hazardous or detrimental to the occupant's life, health, or safety.Every part of the dwelling needs to be kept in good repair and free of vermin, garbage, and other dangerous things.Make sure the interior walls of the public areas and tenant-occupied areas of a multiple dwelling are painted or papered as often as needed to keep them sanitary.The public areas of a multiple dwelling should be cleaned at least once a year.
Step 3: Try to resolve the issue with the tenant.
If possible, you'd like to avoid an expenditure of time and money when removing a tenant.Try talking to your tenant.If you want to settle the dispute out of court, let him or her know that you will file for eviction.
Step 4: Who will deliver notices to the tenant?
You can't serve legal papers yourself as the landlord.You will either have to hire a professional process server or have a friend who is older than 18 do it.The friend doesn't serve more than five legal papers a year for you.
Step 5: There are rules for properly serving notices on a tenant.
Unless otherwise stated in the law, all written notices at any stage of the eviction proceedings must be served personally.Having the papers handed to the tenant personally is the easiest way to serve them.Under this method, you can serve the tenant anywhere.It was a substitute service.A person who lives or works in the tenant's home can serve the papers.The person is most likely to give the papers to the tenant.It doesn't have to be an adult, but a small child.Terrible service.If no one is home, the notices are left under the door.Before using this method, the server must try to find the tenant at certain times of the day.If the server can't serve the papers by personal or substitute service the first time, he or she must try again at a different time of day.The person who served the papers has to mail copies of them to the tenant by certified or registered mail.The next business day after the delivery of the papers is when the mailings need to be done.
Step 6: Proper service of notices can be accomplished by learning the permitted time frame.
The papers can be served between the hours of 10:00 and 6:00 a.m.It's not possible to serve them on Sundays or on religious days if you know that the tenant won't be home.
Step 7: Rent Demands are used for evictions involving non-payment of rent.
If you're evicting the tenant for failure to pay rent, you need to issue a Rent Demand, which tells him or her that you want the rent paid, and that if payment isn't made, he or she can be evicted.The Rent Demand must tell the tenant how much rent is owed.You can make the demand in person or in writing.If the lease requires a written Rent Demand, check it.You can't start the eviction case until at least three days after the tenant is served.If the tenant doesn't pay their rent in three days, you cannot proceed with the eviction.
Step 8: If the grounds for eviction don't involve non-payment of rent, you should issue the proper notices.
If the tenant has done something that isn't allowed by the lease, you must serve them with a written notice.The notice gives the tenant 10 days to fix the problem.If the tenant doesn't correct the problem by the deadline in the Notice to Cure, you must serve a second written notice called a Notice of Termination before you can start a case.The purpose of this notice is to end the relationship.If the tenant isn't out by the deadline, a case will be started, and the reason for the termination is listed in the notice.Give the tenant at least seven days notice to leave if they pay rent weekly.Give the tenant at least 30 days notice to leave.The last day of the rental period is the date by which the tenant must leave.If the tenant pays rent on the 15th of every month, the last day is the 14th.
Step 9: If you don't want someone living on the property, give a notice to quit.
The notice has to be served on the illegal occupant, must tell the individual or individuals that they are living at the premises without your permission, and must inform the occupant that he or she has 10 days to leave.You can start a holdover case if the occupant doesn't leave by the deadline.
Step 10: The complaint should be filed in the appropriate court.
If you're in New York City, you have to start the complaint in Housing Court.Housing Court addresses and contact information can be found here.Depending on the location of the property, the complaint can be started in a District Court, City Court or Town Court.You can find more information about where to start the case outside of New York City here.
Step 11: The forms should be obtained.
If you want to file an eviction complaint, you'll need a notice of petition, a petition to recover possession of real property, and an Affidavit of Service.The forms are not the same for both types of cases.You can find those forms on the New York Courts website.The notice of petition advises the tenant that the case has been filed and gives information on the court date and location.The reasons for the case were laid out in the petition.It contains information about when the tenant was supposed to leave.You can request payment of rent arrears, interest on the arrears and court costs.The Affidavit of Service shows how the notices were served.You have to list anyone who is 18 years of age or older in the notice of petition and petition to recover possession.The Affidavit of Service must be notarized.The notice of petition doesn't have to be.
Step 12: The completed papers should be taken to the court.
The original Notice of Petition, Petition to Recover Possession, and Affidavit of Service should be brought.Call the court clerk to find out the fee for filing the papers.You'll be assigned an index number when you go to the clerk's office.Attach copies of the notices you served on the tenant to the Notice of Petition and Petition to Recover Possession.You have to serve the tenant with the documents you just filed.The court date won't be less than 12 days from the day the tenant is served with the papers.
Step 13: Provide copies of the eviction documents to the tenant.
When you served the initial notices, you followed the same service rules.The original Notice of Petition and Affidavit of Service must be brought to the clerk's office within three days of hand delivery or mailing of the papers.You can give the stamps to the clerk.A postcard will be sent to the tenant to confirm that you started a court case.
Step 14: Take part in two hearings.
If you don't resolve your case with your tenant, you will have to go to hearings in two separate parts of the court.The resolution part is where the first hearing takes place.A judge or court attorney will attempt to settle your case at this location.There will be a second hearing in the trial part.If you don't resolve your case, this will happen.You may be asked to come back for a later court date if your trial is held that day.A Stipulation of Settlement will be signed by you and the tenant if you settle your case during court.The judge will look at this with you and the tenant to make sure they understand the terms.
Step 15: Take care of your witnesses.
It's a good idea to have someone who can back up your case with you to court, such as a person who may have seen the tenant violate the terms of the lease.To make sure the facts are accurate, review their testimony with them.
Step 16: If necessary, ask for an adjournment.
If any of your key witnesses are unavailable for the court date, or if you have another valid reason why the hearing needs to be postponed, you should notify the clerk as soon as you arrive in court.The court has no obligation to delay the case for you.
Step 17: Try to observe landlord-tenant cases before your hearing.
Go to the courthouse to see what's happening when landlord-tenant cases are being heard.It will give you a better idea of what to expect at your own hearing.
Step 18: Bring all the evidence you need to support your case.
Before you go to court, make a list of everything you are going to bring.Proof of service of notices, the lease, and any correspondence between you and the tenant are some of the items you should include.If the tenant claims that you failed to make needed repairs, you have to pay bills for labor and materials.If the property is a three- family house or larger, there will be a housing inspection report.
Step 19: You should get to court early.
You can find out where your case is on the court's list by arriving at least 45 minutes early.If you can't resolve your case and it goes to trial, the judge will hear the evidence and decide whether to grant you a judgment for eviction, which may include a provision for payment of rent if you requested it.You can get a written copy of the judgement from the court.
Step 20: If the judge rules against you, consider appealing.
You have 30 days to appeal if you don't win your case.A transcript is a typewritten document that contains everything, including testimony, that happened in the trial.This can be obtained from the court where the case was heard.You can get contact information from the court clerk.The service of a Notice of Entry starts the 30-day appeal period.The winning party must serve the Notice of Entry with a copy of the judgement on the losing party.You can get a copy of the form here.The Notice of Entry can be served by regular mail, but only if the person is 18 years of age or older.The Affidavit of Service must be completed by the person mailing the documents.The affidavit is available here.Keep a copy of the Notice of Entry, Judgment, and Affidavit of Service for your records.
Step 21: A warrant of eviction can be requested.
If you win your case, you can use this form to remove the tenant from the property.The document can be obtained from the court, and needs to be signed by a judge.Either the judge will fill it out for you or he or she will give it to you and you will have to bring it back to the court.
Step 22: The warrant of eviction should be given to the appropriate law enforcement officer.
The tenant can only be removed by a marshal or sheriff's officer.The location of the property will affect which of these you use.You can get contact information from the court clerk.When you talk to the officer, be sure to ask about his or her fee.The officer will serve a notice of eviction on the tenant once they receive the warrant.The tenant should be aware that the officer will be evicting them from the property.The original notices in the case will be served the same way the officer will serve the notice of eviction.On the fourth business day after the date the notice was given, the officer may evict, without further notice, if he chooses.Business days are Monday through Friday.On the sixth business day after the notice is given, the officer may evict, without further notice, if he chooses.
Step 23: Follow up with the officer.
When the tenant is removed, you might want to be present.If it's okay for you to be there, contact the officer to find out when he or she is going to arrive.Once the rental property is cleaned out, you can change the locks.If the tenant hasn't already removed his or her belongings, the officer is authorized to physically remove them.
Step 24: If the tenant left it in the premises, store it.
New York law does not specify how long you have to keep it, but 30 days is a common time period.Take an inventory of the property to make sure you don't get complaints from the tenant.If you have contact information for the tenant, you should let them know when and where the property can be picked up and if you will sell it after 30 days.If you have a forwarding address for the tenant, it's probably best to do this in writing.After giving notice of the sale in a local newspaper and notifying the tenant, you can sell the property at a public sale.If the tenant owes you money for back rent, property damage, or reasonable storage costs, you can deduct the balance from the sale proceeds.If the tenant tries to claim the excess money, you might want to keep it for your own use.