Two routes, different uses
A summary proceeding, brought in a local court such as the Housing Court in New York City or a city, town, or village court elsewhere, is the faster route and is used to remove tenants, former tenants, licensees, and certain others the statute covers. It generally begins with a written notice suited to the type of occupant. An ejectment action is a full lawsuit in State Supreme Court, used when a summary proceeding is not available, such as when the dispute is really about who holds title, when a co-owner has excluded the others, or when a structure sits on land it should not. Ejectment takes longer but can resolve questions a summary court cannot.
What else can be recovered
Along with possession, an owner may seek payment for the occupant's use of the property during the period it was withheld, often called use and occupancy. Where a neighbor's building or fence encroaches, courts may order removal in some cases and award damages instead in others, depending on the circumstances. Owners should not take matters into their own hands by changing locks or removing belongings from an occupied home, since that is generally unlawful and can give the occupant claims of their own.
Preparing the case
Gather the deed and title report, a current survey, any lease or written arrangement with the occupant, records of rent or payments, and correspondence showing when you asked the occupant to leave. If the occupant claims ownership, look at what they might rely on, such as an unrecorded deed or long use. Our early review identifies what kind of occupant this is, which route fits, and what notice must come first, and we discuss whether an agreed departure could reach the same result faster.
