Before any papers are filed
Tenant eviction in New York runs through the courts, and self-help, such as changing the locks or removing belongings, can expose a landlord to civil and criminal liability. Most cases begin with a written notice: a rent demand in a nonpayment case, or a notice ending the tenancy in other cases, and the required notice period depends on the type of tenancy and how long the tenant has been there. Rent-stabilized units, and many market-rate units covered by the good cause eviction law in New York City and participating localities, require a lawful ground to remove a tenant or refuse a renewal. Small owners are exempt from parts of some rules, but exemptions are narrow and depend on the facts.
Getting the paperwork right
Have the lease and renewals, the rent ledger, the rent registration history if the unit is regulated, and copies of every notice with proof of how it was served. Defects in a predicate notice, such as a wrong amount or improper service, are a common reason cases are dismissed and have to be restarted. Check whether the building has open violations, since tenants may raise conditions as a defense or counterclaim. Keep communication with the tenant in writing and courteous, because those messages are likely to be read by the court. If the tenant raises a repair problem or says an assistance application is pending, respond in writing rather than ignoring it.
How these cases usually conclude
Many eviction cases settle with a payment schedule, a move-out date, or both, often negotiated at the courthouse. If the landlord obtains a judgment, a warrant of eviction is carried out by a marshal or sheriff after a further notice to the tenant, and the court can stay or delay it in some situations. A pending application for rental assistance can affect timing. We review the notice and the file before anything is filed, because correcting a mistake at the start costs far less than relitigating it later.
