what are the steps/process to start an eviction? .

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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 13 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 13 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.


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