From notice to petition
Most New York eviction proceedings begin with a written predicate notice, either a rent demand or a notice that the tenancy is ending. If the issue is not resolved, the landlord files a petition and notice of petition in the appropriate local court and has them served on the tenant. The papers set a court date, and how and when the tenant answers depends on the type of case. Nonpayment and holdover cases follow different paths from this point, and the defenses available in each differ. Commercial tenancies use a similar summary proceeding, although the notice rules and the defenses are not the same as for apartments.
In the courtroom
At the first appearance, many cases are adjourned for settlement talks, for the tenant to find a lawyer, or for a rental assistance application to be processed. Settlements are often written as stipulations that set payment schedules or move-out dates, and breaching one can lead quickly to a judgment. Cases that do not settle go to trial, usually before a judge alone. Tenants can raise defenses such as defective notices, rent regulation issues, or conditions in the apartment, and landlords need records ready to answer them. In New York City, eligible tenants may be connected with free counsel through the city's right to counsel program.
Judgment and after
If the court rules for the landlord, it issues a judgment of possession and a warrant of eviction, which a marshal or sheriff carries out after serving a further notice. Tenants may ask the court for more time or a stay in certain circumstances, including hardship. In a nonpayment case, paying the full amount owed can sometimes stop the eviction even after judgment. Landlords should get advice before accepting payments during a holdover case, since acceptance can complicate the claim that the tenancy ended. We help landlords and tenants understand where they are in the sequence and which deadline comes next, because each stage has its own clock.
