what are the steps/process to start an eviction? .
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
what are the steps/process to start an eviction? .
Asked on May 29, 2009 under Real Estate Law, New York
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In order to start an eviction proceeding in New York there must be a predicate notice served first. The type of notice depends on the type of proceeding you are bringing. If it for non-payment of rent, you need to send the tenant a three day notice to pay specifying how much he owes you. This is a form that can be picked up at Staples or other office supply store. If you are evicting him for other reasons there has to be a 30 day notice to quit. This must be served at least 30 days prior to the eviction and must specify when the tenant has to leave by. It usually the last day of a monthly term. After the expiration of 3 days or 30 days, you can then file a petition and notice of petition. Depending on which County you live, the procedure is slightly different. On Long Island and most places outside of NYC, you pick the date and have to serve the tenant between 5-12 days prior to the court date. Some courts have certain days they hear these cases. The City does things differently and you have to go there to have a date picked after an elapse of time.
The rules are very specific and even a minor technical mistake may cause you problems so I suggest that you consult an attorney before commencing the suit
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The landlord must prepare (by himself or by an attorney) a petition requesting a formal hearing in court. A copy must be served on the tenant as well as filed with the court. A court date is then set.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.