Can my landlord evict me without prior notice?

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Can my landlord evict me without prior notice?

Asked on July 14, 2011 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, a landlord may never evict without notice, if by "notice" you include the summons and complaint which start the eviction proceeding. However, it is important to bear in mind that the type and amount of notice varies by cause of eviction; there are some types of eviction, such as nonpayment of rent, where a landlord may not have to provide separate notice, apart from the legal filings that institute the legal matter. Thus, you always need to, at a minimum, receive notice of the eviction proceeding, of you day in court, and of a chance to defend yourself; you may often (as for other eviction grounds, such as disorderly conduct or lease violations) be entitled to separate, additional notice as well. Also note that landlords can only evict through the courts; they may not simply lock you out, turn off utilities, move your belongings to the street, etc.


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