How to Evict a Tenant in NYC
Before you ever get to court (which you will have to do to make the eviction legal) you have to make a “demand for payment” if your eviction is going to be based on nonpayment causes. The written notice has to be delivered to the tenant at least 72 hours BEFORE you initiate any legal court case.
Once you have sent the “letter of demand” than you will have to get your paperwork into the clerk’s office. You will need several different forms which you can buy online or through any stationary store that carries legal forms.
You will have to file the “Notice of Petition” “Petition” and there will be a postcard as part of the package. You will have to fill out the forms bring them all to the clerk of civil court in your county and pay to file them. An index number will be stamped on the forms.
Under NYC law the tenant has to be served in person the Notice of Petition and whomever serves it has to fill out the affidavit on the back of the notice swearing that they did in fact serve the petition. You cannot serve it yourself. You can hire a process server or have a friend do it.
The Waiting Period
Once the notice has been served the tenant has 10 days to respond to the notice. A court date will be assigned (which is what the post card is used for) and you will have to appear in court.
The tenant can fight the eviction and in many cases does. The judge typically allots a certain amount of time for the tenant to either catch up with their rent or to vacate the premises. The entire process can take anywhere from 30 days to 6 months and beyond ( if there are violations on the property that need repairs and the tenant is using them to stonewall).
Make sure you follow the letter of the law when you are trying to evict someone it is the only way it will work.
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