Landlords basics of evicting a tenant





NYC landlords can evict a tenant for many reasons from unpaid rent to an expired lease, and everything in-between.


To begin the eviction process the landlord must terminate the tenancy. This is done through a written notice, depending on the type tenancy and the lease agreement different types notices are required.


If the tenant moves out then you are all set, however most often we find that a termination notice is ignored and the legal process needs to continue.


This is done with the service of a Petition and Notice of Petition on the tenant directing them to answer and appear in court.


From there either the tenant appears and answers the court papers or does not. If there is an appearance there are defenses the tenant might raise and a trial might ensue. If the tenant does not appear the court will schedule an inquest to make sure that the tenant was properly notified before entering a default judgment.





Eventually either through default, settlement or trial the landlord gets the judgment of eviction from the court. The landlord must then provide a NYC Marshal with the proper paperwork and instructions to begin the eviction process.


Once the documents are in order and with the Marshal they will serve a notice to the tenant and inform the landlord of the date and time of the actual physical eviction. The landlord or building manager should be at the eviction to change the locks and make sure that all belongings have been removed.


The eviction process in the housing courts of the City of New York is complicated, intricate and there are many paths an eviction can take. Knowing your rights as a landlord and how to defend any defenses that your tenant might have against you is critical to your success in removing an unwanted tenant.


I suggest at minimum you give us a call so we can guide you through this process and help you though the tricky parts, small details even in typing out address information can make or break an eviction. We find that an eviction if uncontested will take 6 weeks, contested can be years. Be aware and informed, research and if you are able hire an attorney to assist.