When you are done reading about the new york eviction process below, we recommend you purchase the corresponding new york eviction notice to be delivered to your tenant. Eviction in new york: there are 2 types of cases that landlords can bring against tenants in new york: nonpayment cases and holdover cases. a nonpayment case is brought against a tenant to evict them for not paying the rent, and to collect the overdue rent. A holdover case is to evict a tenant for some other lease violation, such as staying after a lease has expired, or using the premises for criminal activity.

3 day demand for rent for nonpayment cases first the landlord must give the tenant a written demand for the overdue rent which warns the tenant that they will be evicted if they do not pay. This warning must be delivered to the tenant at least 3 days before the landlord can file a court petition for eviction see below. It is highly recommended that this notice be served using one of the methods below under serving the tenant. notice of termination for holdover cases the notice of termination is used to evict a tenant for reasons other than non payment of rent, such as remaining after the lease has expired, damaging the property, criminal activity, etc. If a landlord needs to evict a squatter or someone who was simply staying with them and not paying rent, the landlord needs to serve them with a written notice of termination that gives them 10 days notice to leave.

If the person to be evicted is an actual tenant, they are to be given 30 days notice to leave or one full rental term, usually from the 1st to the end of the month. petition and notice of petition if the tenant has not paid after their 3 day warning in a nonpayment case or has not vacated after the applicable period in a holdover case , the landlord may file a petition against the tenant in civil court for the jurisdiction where the property is located. The court clerk will give the landlord back a notice of petition which contains the time and place of the court date. The landlord must have the tenant served or delivered a copy of both the petition and the notice of petition. serving the tenant there are three accepted ways in new york to serve a tenant. It is important to note that in new york, the landlord himself or herself can not be the person that actually serves the tenant.

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in new york, the landlord may not serve the tenant personally. The landlord must use a process server or a friend if they are going to have the tenant served personally. In this method for eviction, the process server or friend hands the petition and notice of petition to the tenant directly. The process server or friend must then sign and notarize an affidavit that swears the papers were in fact served upon the tenant. substituted service if the friend or process server goes to the premises and the tenant is not there, the friend or process server may leave the papers with a person of suitable age and discretion who also lives there, and they must immediately and simultaneously mail two copies of the papers to the tenant: one by regular mail and one by certified mail.

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conspicuous place service if after two attempts at getting someone to answer the door at the premises one during working hours and one during off hours still nobody answers, the friend or process server may attach the papers to the front door or slide them under the door, and they must immediately and simultaneously mail two copies of the papers to the tenant: one by regular mail and one by certified mail. what is an eviction? an eviction is a court process a landlord can use to evict a tenant from a rented apartment, house, or mobile home. An eviction case, which lawyers call a summary proceeding, is started when the landlord has someone else serve the tenant with two 2 papers, the notice of petition has the time, date, and place of court hearing and the petition has the reason the landlord wants to evict the tenant.

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You must be served with both of these papers at least 5 days before the court date, and the court date can 39 t be later than 12 days after you are served. Just because a landlord starts an eviction case doesn 39 t mean that the landlord will win. Tenants have certain rights, and there are several defenses to an eviction action. If you have lived in a rooming house or hotel for at least 30 days, the landlord must use the eviction process to make you move. can my landlord evict me without going to court? no! the landlord must go to court, must win the case, and must get a court order called a warrant of eviction. It is a criminal violation for a landlord to illegally evict you by: changing the locks, padlocking the doors, taking out your furniture or property, when can i be evicted? you owe rent, or you have seriously violated the terms of your lease. Month to month tenant: if you don 39 t have a written lease, and you pay rent on a month to month basis, you can be evicted only if: you owe rent, or you were given a month rsquo s notice to move out.

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Again, the landlord must prove in court that you owe rent or you got a termination notice and had a full month to move out. special protections if you live in public housing also called hud housing or section 8 housing , there are special rules for evictions. See our flier on these programs, and be sure the call a lawyer if you get court papers. how do i defend myself in an eviction? your defenses depend on the reason for the eviction action. Non payment case: if any of these apply, tell the judge: your landlord did not demand the rent from you, either verbally or in writing. The department of social services is holding back the rent because the landlord won 39 t make repairs. If you offer the full amount of rent owed plus costs, even as late as the day of court, you should not be evicted.

Holdover case when the landlord says your lease is up or s/he wants you to leave regardless of whether you owe rent: tell the judge if any of these apply: you are a month to month tenant, but were never given a month 39 s notice. The landlord gave you proper notice, but did it because you complained about poor conditions or called the housing inspectors see our flyer retaliation for more information. Many mistakes landlords make should result in the case being dismissed, according to the law. should i go to court? if you are served with eviction papers, you should probably go to court. Even if you agree with what the landlord says, you can still ask the judge for extra time to move. If you don 39 t go to court, you will probably get a 72 hour warrant of eviction.

If you own a mobile home in a mobile home park, the warrant will be 30 days or 90 days. Some lawyers will tell you that you should not go to court if you are planning to move anyway, you have no defenses, and you were not personally served with the court papers. This is because if you were not personally served with the court papers, and you don 39 t go to court, the judge should not sign a money judgment against you. In our experience, judges in our area do sign money judgments even if you were not personally served and did not go to court. So, we usually tell people it is a good idea to go to court to ask for extra time or try to work out a deal with the landlord. You can also fight to get the money judgment amount less than the landlord wants. If you are even a few minutes late, the judge may have already called your case and made a decision.