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 the 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 Suffolk County / Long Island 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 Mary C. Merz today to discuss your case (631) 366-0100.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.†
In this jurisdiction, evictions are summary proceedings. As the name indicates they can be relatively brief in time, however they are as legally complex as any other form of litigation. In the five western towns (Huntington, Babylon, Smithtown, Islip & Brookhaven), eviction proceedings are heard by the District Court. In the eastern towns they are heard in Town or Village Courts.
There are two distinct types of eviction proceedings that a landlord may bring against a tenant in New York State: nonpayment and holdover. They are similar, however if the action filed is inappropriate for the circumstances of a particular case the Court will dismiss the case.
A nonpayment eviction can be described simply as “if you pay, you stay.” A nonpayment action requires a three-day rent demand; if the demand is not complied with once three days have elapsed the landlord may proceed with the eviction. A holdover eviction is more technical and depending on the particular situation or type of tenant, terminating the tenancy may require either a 30-day notice, a month notice or a 10-day notice prior to beginning the eviction process. Serving an incorrect notice to terminate may cause the petition to be dismissed.
Both nonpayment and holdover evictions require that a petition, as well as a notice of petition, be filed with the court and formally served on the tenants. Affidavits of service must be filed with the Court to show proof of service.
It must be stressed that only the Suffolk County Sheriff may evict a tenant, the use of “self-help” by the landlord is against the law and may result in criminal prosecution. It is strongly recommended to seek the counsel of an attorney, preferably one that is experienced in landlord-tenant matters, before attempting to evict a tenant.
After the proper documents are served on the tenants and filed with the Court, both landlord and tenant must appear before the Judge. At this time the parties have to opportunity to stipulate to a settlement. If no settlement can be reached, the case will proceed to trial. The parties will have the opportunity to testify and present evidence before the Judge. Then the Judge will rule to either dismiss the case or grant a Judgment of Possession & Warrant of Eviction, as well a money judgment. If the landlord prevails in Court, the final step is to engage the Sheriff to evict. The Sheriff will provide the tenant with a seventy-two hour notice to vacate the premises. Should the tenant fail to comply the Sheriff will physically evict the tenant.
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.