Evicting a tenant in New York is not a simple process. A skilled Bronx landlord attorney can discuss what to expect and help you understand how long the eviction might take.
The Eviction Notice Requirements
Questions about evicting Tenants in the Bronx are common, especially when a Tenant has failed to pay rent for a long period of time. The Landlord may understandably want to expedite the process. However, regardless of the reason for the eviction (non-payment, lease violations, termination, illegal apartment, etc.), the Landlord must give proper written notice to a Tenant before he or she can take that Tenant to court. Once the notice is given, the Tenant has a certain number of days to either fix the problem or move out. In the Bronx, you can expect the Tenant to do neither in most cases and you will have to obtain an attorney to fight for your rights. Evan Rogers Esq of the firm of Rogers and Rogers Esq has been helping Bronx Landlords for over thirty years
In the absence of a lease, and where the apartment is illegal, the Landlord should be thinking about a Holdover case to get the Tenant out. Before commencing the case on your Tenant, a predicate notice called a 30 day Notice must be prepared and served upon the Tenant and occupants of the apartment. This should be done by a licensed process server. The firm of Rogers & Rogers uses only process servers who are licensed by the Department of Consumer Affairs for your protection.
How Long the Court Proceedings Might Take
After the Landlord has waited the required time period under the notice used, your attorney will then take the Tenant to court by filing a Holdover Petition. The case will be set down before a Resolution Part Housing Court Judge usually within two weeks of the date the Tenants are served. If no settlement can be reached to the case, your attorney will request a Trial date to be set. The Tenant will have the chance to respond to the Petition in writing and come to court to be heard. If the Tenant fails to appear for the Holdover case in the Resolution Part, then the Court will schedule an Inquest. An Inquest will take place on the next Court date available to that Judge unless Tenant appears on that date. Either side may request a trial. A trial needs a Trial Judge, this may mean you will have to come to court on several days as there are not enough Judges to try cases in Bronx County. However, most evictions are handled at the initial Resolution Part level.
If the Landlord prevails, he or she will be eligible to get a Judgment of Possession and in many cases a Final Money Judgment for any arrears up to the date of Trial. Thereafter. your attorney can file with the City Marshal an application for a Warrant of Eviction. This will then issue to a City Marshal.
The Final Steps
As a Bronx Landlord attorney can explain, your attorney will apply for a Warrant of eviction and once it issues (usually this takes a month) the Service of Notice of eviction must take place. Once served, the Marshal can schedule the eviction of your Tenant. It’s the Marshal who will physically evict the Tenant, not the Landlord. So, from start to finish, an eviction can take as little as a few months or as long as seven or more months depending on the complexity of the issues, the Tenant’s response, and the ability of the Housing Court to schedule and conduct a trial and issue a Warrant. You should also know that the Court has the discretion to Stay execution of a Warrant for up to six months after you have won the case if the rent is paid each month.
Finding a Reliable Lawyer
A qualified Bronx Landlord attorney can help you navigate through the complex eviction process and help ensure that all the legally required steps are correctly followed. To make an appointment for a free consultation with the offices of Rogers & Rogers, Esq. call (718) 994-1640. You can also email the attorney directly at email@example.com