Eviction Proceedings

Evictions in New York require strict adherence to procedure. The following is a brief overview of the eviction process in New York.

Non-payment Evictions

The first step in a non-payment eviction is giving the tenant legally required notices. The law requires a written notice via certified mail that rent was not received within five days of the due date. The other notice that must be provided is the 14-day rent demand. The rent demand must be served on the tenant in accordance with the law and the lease.

If the tenant doesn’t pay rent within the 14 days specified in the rent demand, the next step is serving a notice of petition and petition on the tenant. These documents inform the tenant that the tenant must appear in court and file an answer. The timeline and procedure the tenant must follow vary depending on location. If the tenant doesn’t appear in court and answer, the next step is applying for a warrant of eviction based on the tenant’s failure to answer. If the tenant appears and files an answer, the court assigns a court date.

If the tenant appears on the assigned court date, it’s likely that the case will settle without a trial, and the tenant will agree to pay rent arrears by a certain date. If the tenant doesn’t pay by that date, the next step is applying for a warrant of eviction and serving it on the tenant. At that time, a tenant can still file documents to try to delay the eviction, and a judge will determine whether the tenant has a valid reason for a delay or not. In some instances, a case will not settle, and a trial will be necessary.

Holdover Evictions

The first step in a holdover eviction is serving the tenant predicate notices. These notices are required under the law and are sometimes required by the lease. These notices may specify a date by which the tenant must either cease certain behavior and/or stop violating the lease (notice to cure). A notice to cure isn’t required in all cases. In most cases, a notice of termination is required, which terminates the lease. In squatter cases, which are not technically holdover cases as there is no landlord-tenant relationship, a 10-day notice to quit is required. Correct notice(s) must be given at legally required times and contain the legally required language. Failing to provide notices, or providing notices with incorrect language or at incorrect times may result in dismissal of the holdover case.

Once all required notices have been provided, the next step in a holdover case is serving a notice of petition and petition on the tenant. These documents inform the tenant that the tenant must appear in court and file an answer. The tenant must appear and answer on the assigned court date, which is between 10 and 17 days after service of the notice of petition and petition.

If the tenant doesn’t appear and answer, the next step is applying for a warrant of eviction based on the tenant’s failure to answer. If the tenant appears in court on the court date, most cases are settled without a trial, and the tenant will agree to vacate by a certain date. If the tenant fails to vacate by that date, the next step is applying for a warrant of eviction and serving it on the tenant. At that time, a tenant can still file documents to try to delay the eviction, and a judge will determine whether the tenant has a valid reason for a delay or not. In some instances, a case will not settle, and a trial will be necessary.