To evict a tenant, the landlord, or their attorney, must prepare a petition or eviction notice, requesting a court hearing, which must be served on the tenant and filed with the court.
NON-PAYMENT OF RENT
Following proper 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 actually evict a Long Island tenant, a landlord must sue in court and win the case.
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.
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.
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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