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NEW YORK EVICTION
In
order to start a proceeding to evict a tenant, the
landlord, or his or her attorney, must prepare a
petition requesting a court hearing, which must be
served on the tenant and filed with the court. Following appropriate notice, a
landlord may bring a summary non-payment court
proceeding to evict a tenant who fails to pay the
agreed rent when due and to recover outstanding
rent. A landlord may also bring a summary holdover
eviction proceeding if, for example, a tenant
significantly violates a substantial obligation
under the lease, such as using the premises for
illegal purposes, committing or permitting a
nuisance, or staying beyond the lease term without
permission.
To evict a New York tenant, a landlord
must sue in court and win the case.
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Only a sheriff,
marshal or constable can carry out a court ordered
warrant to evict a tenant. Before a marshal may
conduct an eviction, he or she must first
request that the court issue a Warrant of
Eviction. In New York City, city marshals
and deputy sheriffs are the only public
officers authorized to request a Warrant of
Eviction from the court. A landlord may not
take the law into his/her own hands and
evict a tenant by use of force or unlawful
means. For example, a landlord cannot use
threats of violence, remove a tenant's
possessions, lock the tenant out of the
apartment, or willfully discontinue
essential services such as water or
heat. |
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When a tenant is
evicted, the landlord may not retain the tenant's
personal belongings or furniture. Also, if you are
evicted, take ALL your belongings.
In
an eviction, the tenant's belongings are
moved under the supervision of the marshal
and stored at a private warehouse. In a
legal possession, the tenant's personal
property remains under the care and control
of the landlord until the tenant can arrange
to transport the property to another
location.
A tenant who is put out of
his/her apartment in a forcible or unlawful manner
is entitled to recover triple damages in a legal
action against the wrongdoer. Landlords in New York
City who use illegal methods to force a tenant to
move are also subject to both criminal and civil
penalties. Further, the tenant is entitled to be
restored to occupancy. (RPAPL §713, §853) |
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APPEAL (New York Order to Show Cause) |
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The
tenant may ask a court to issue an
Order to Show Cause (OSC) and a Stay,
an order staying, or delaying, the
eviction until the issues raised by
the tenant are addressed on a hearing
date set by the court. If the marshal
is served with a signed OSC that stays
the eviction, he or she is legally
bound by the directions of the court,
but if the court does not stay the
eviction, the marshal must go forward
with it. Unless otherwise directed by
the court, the marshal, after being
served with an OSC that stays the
eviction, must serve an additional
Notice of Eviction by regular mail
before conducting the eviction or
legal possession
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It is wise to consult a New York attorney
to protect your legal rights if your landlord seeks
possession of your apartment. Never ignore legal
papers. Related resources are: |
