When landlords have problem tenants, one of the first questions they have is: What is the eviction process? How long does an eviction take? The answer in large part depends on what kind of case you will be filing.
There are several kinds of evictions cases. Holdover and Non-Payment are the most common.
In a Non-Payment case in New York City, the tenant must first have been served a Demand for Rent. This can be a Five day notice in most leases. The notice should be served by a licensed process server,
To prevail in a Non-Payment case you must establish that:
- there is an existing lease or monthly agreement,
- you own the property,
- there is a lease,
- whether there is rent stabilization or section 8 involvement,
- the amount of arrears, and
- several other factors, including that the proper demand was served.
If there is no lease, or if the apartment is illegal you must instead commence a Holdover case after first having your attorney prepare and serve a 30 day notice.
At Rogers & Rogers, Esq., we represent NYC and Mt Vernon landlords in disputes with tenants. We will work protect your rights and ensure that you secure your property by legal means. Contact us today to learn more.
There Are Consequences to Ignoring the Eviction Process
It is important to understand that no state in the U.S. allows landlords to remedy the situation by using self-help methods such as lockouts or shutting off the utilities. Not only does that put your eviction suit in jeopardy, but you may also be liable for damages under New York law.
As stated above, the service of the Demand Notice is the first step. If the tenant pays the rent, that ends the process.
The Court Case
Once you file a Non Payment case it can take as little time as 12 days before your first court appearance by your attorney. Be aware that in NYC the Mayor has allocated over 13 Million Dollars for free lawyers for tenants. This means the overloaded court will often adjourn a case for months for tenant to meet with a free attorney while you suffer.
This is why it is imperative that you meet with an attorney at the first sign of trouble. You can also expect it to take up to 8 weeks from when you win the case for the City Marshal to receive the eviction Warrant from the Court. And the Court has almost unlimited power to grant tenants Order to Show Cause to delay a non-payment or holdover case. It is a gauntlet but one that can be and is regularly run and won by our firm.
Avoid Delays by Consulting a Lawyer Early in the Process
At Rogers & Rogers, Esq., we advise landlords who are dealing with bad tenants. We can help the eviction process go more smoothly and quickly, anticipate potential defenses that the tenant may raise in court and obtain your desired result. We craft notices and Petitions in a manner to ensure that your case follows the proper procedures. This can speed up the eviction process so that the tenant is out of your apartment in the
Evan Rogers of Rogers & Rogers, Esq. has helped tens of thousands of New York landlords expedite the eviction process by following the rules of eviction and avoiding unnecessary delays. If you’re in a dispute with a tenant, contact us for more information Email firstname.lastname@example.org today if you are a Bronx or Mount Vernon landlord with tenant problems.