Why a notice is not yet an eviction
A residential landlord in New York generally has to go through court to remove a tenant. Changing the locks, removing belongings, or shutting off utilities to force someone out is unlawful, and it can expose the landlord to penalties of its own. Cases are usually either about unpaid rent or about the landlord's claim that the tenancy has ended for some other reason, and those two kinds of case proceed differently. In New York City they are heard in Housing Court; elsewhere, in local city, district, town, or village courts. Many apartments carry protections beyond the lease, including rent stabilization and, in New York City and localities that have opted in, a newer good cause eviction law that limits when a landlord may refuse to renew.
What to bring with you
Bring every paper you have received, including any rent demand, notice of termination, petition, and notice of petition, since their dates and wording matter. Add your lease and renewals, proof of rent payments, and any receipts, money order stubs, or bank records. If repairs have been an issue, photos, complaints to the city or the landlord, and inspection records can be relevant, because conditions in the apartment can be raised in some cases. Applications for rental assistance or public benefits, and any letters approving or denying them, belong in the same folder.
Questions a consultation answers
We look at which kind of case this is, which court it is in, and when your first date is, because missing a court date can lead to a judgment without your side being heard. We ask whether the apartment is rent regulated or covered by other protections, and whether the notices the landlord was required to give were actually given. In New York City, many tenants qualify for free legal representation in eviction cases, and we will tell you if that may apply so you can check before deciding anything. From there the choices usually involve answering the case, negotiating time or a payment arrangement, or contesting the claim, and we talk through which fits your circumstances.
