October 16, 2022
The eviction procedure in New York City can be highly drawn-out and challenging. There are numerous reasons why landlords may choose to evict tenants.
However, landlords must follow the right procedures in order to evict a tenant, or it won’t go through. As required by state and local law, the process begins with providing the tenant with a written notice. If the tenant doesn’t leave or return the property by the termination date, the landlord may proceed to file a summary proceeding in the county where the property is situated.
Filing a Complaint
After the written notice has been issued, the eviction procedure can start. Before starting the eviction process, the landlord must give some time to the tenant.
The procedure for eviction is as follows:
• Head to the city’s justice court nearest to the rental property.
• Submit copies of the following with your petition and notice of petition: Notice to Quit, the rental or lease agreement, and any evidence or paperwork in support of the petition
• Pay fees to the court
The type of eviction proceeding, the location of the rental property, and the justice court where the petition and notice of petition were filed will all affect the fees.
Depending on the basis for eviction and the terms of the lease, it might take anywhere between 14 and 90 days from the time the Notice to Vacate is issued.
Depending on the sort of eviction being started, different procedures and notices are needed. It’s also important to keep in mind that in NYC, the procedures and regulations that apply to an eviction vary depending on whether the property is an interim multiple dwelling, a free-market, a rent-stabilized unit, or a rent-controlled unit.
Creating a Notice
Landlords must give the renter a notice to comply before going to court to request an eviction. You can either use a PDF or Word template to construct your New York eviction notice.
A copy of the Notice of Petition is then given to the tenant. It has to be served within 10-17 days before the hearing.
Serving a Notice
The tenant is then given both the Notice of Petition and the Petition. Ten to seven days prior to the hearing, it must be served.
There are various ways to do this, including:
- Personal Service – A court officer must personally go and serve a copy of the Notice of Petition to the renter
- Substituted Service – If the tenant is not available, the documents may be served to a household member who is at least 18 years old.
- Posting- The server posts a copy of the documents at the building’s front entrance in an area that is both secure and recognizable.
Landlords are not allowed to serve the notice to the tenants. They must ask a person who is uninvolved in the case to do so for them.
Next Steps
10–17 days are given to the tenant to prepare for the hearing.
Three to eight days after the court receives the tenant’s response, a hearing is arranged.
The landlord may win the case if the tenant doesn’t react on time. However, the eviction procedure is halted if the renter pays their rent in full before to the hearing.
A compelling case against the tenant must be made by the landlord and supported by substantial evidence. The entire lawsuit is dismissed if the landlord does not appear at the hearing.
If the tenant fails to appear at the hearing, the landlord automatically wins. If the landlord wins in court, they may apply for a Writ of Execution as soon as the verdict is delivered.
Leaving The Property
After the hearing, a Writ of Execution may be issued within a few hours to a few days. The Writ of Execution provides the tenant with a maximum of 14 days to evacuate the property, assuming there are no requests for reconsideration.
A stay of execution, which extends the time until tenants must leave the property, may be granted by the court to tenants.
A stay of execution may be issued in the following situations, granting a lengthened stay of no longer than one year:
• One of the tenants suffers from a severe, incapacitating medical condition
• A tenant has a major, incapacitating medical condition
• a child will be uprooted from their school district
If you are interested to learn more, visit : New York Eviction Process (2022): Grounds, Steps & Timeline (ipropertymanagement.com)