(718) 994-1640
(718) 994-1640
Bronx Eviction & Probate Law Firm

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Bronx Eviction & Probate Law Firm
Eviction Cases FAQ

QWhat You Need to Know About Serving an Eviction Notice

eviction noticeBeing a landlord or property owner is difficult, especially if you have to serve an eviction notice. You know that you will be affecting someone’s life, but you must do your job or protect your investments. It’s important to deal with evictions as a business transaction, whether you are evicting someone from a residence or a commercial property.

In business transactions, it is best to seek the assistance of a legal advisor. Rogers & Rogers, Esq. has extensive experience working with clients dealing with eviction cases. Call us today at (718) 994-1640 to find out how we can help you.

Types of Eviction in New York

There are two main types of eviction in New York.

  1. You may issue an eviction notice due to non-payment of rent where there is a lease.
  2. You may issue an eviction notice to holdovers for violating a provision of a lease or upon the expiration of the lease

In both of these situations, you must follow a strict eviction process.

Lockouts Are Not Allowed in New York Evictions

When performing an eviction, it’s important to remember that you cannot self-evict a tenant or lock them out of the location. You must have a court order. Lockouts amount to more than simply changing the locks on a tenant. A lockout may also include the following:

  • Blocking a tenant from accessing a reserved parking spot;
  • Increasing rent in violation of the lease;
  • Removing the tenant’s belongings from the location; and
  • Shutting off utilities.

If you take any of these actions or others to lockout your tenant without proper eviction notice and court order, you may be in violation of New York’s lockout law.

Three-Day Eviction Notice in New York

There are certain eviction situations when you may issue a three-day demand for rent. This eviction notice may be issued when your tenant fails to pay rent. A non-payment of rent eviction notice must state the amount owed. It must also state that a Petition for Eviction will be filed if rent is not paid by a certain date which will be well past that three-day period.

Thirty-Day Eviction Notice in New York

All evictions due to something other than non-payment of rent require at least a 30-day eviction notice and may also require additional notices. This includes situations where the tenant:

  • has violated the lease,
  • has refused to leave the premises after the lease expired, and
  • is creating a nuisance or participating in criminal behavior in violation of the lease.

In addition to the eviction notice being at least 30 days long, it must give the tenant one full lease term to vacate. Thus, you must issue an eviction notice prior to the beginning of a month term. This is referred to as a “Notice of Termination” eviction notice in New York.

Filing an Eviction Petition

If your tenant fails to pay rent, leave, or comply with the lease after you have issued an eviction notice, your attorney must file a Petition and give the tenant notice of that Petition. You must file the Petition with the housing section of the civil court within the jurisdiction where the premises is located. A Notice of Petition will be served on the tenant that states the date, time, and location of a hearing regarding the eviction.

All papers should be served by a licensed process server!

Speak to an Attorney Before Issuing an Eviction Notice

The New York evictions process can be complex. It’s best to work with a skilled professional who understands the relevant laws and deadlines. Contact Rogers & Rogers, Esq. today at (718) 994-1640 or email them at evan@rogersandrogersesq.com.

QMy Tenant Has Moved a Washing Machine or a Dog Into the Apartment in Violation of the Lease.

We prepare Notices to Cure and those are then served by the process server. If the Tenant fails to Cure we then prepare and file a Holdover based on Tenants failure to Cure. Be aware however that the Court will give Tenant time to Cure even after Trial in most cases. The Court may also allow us to put Probation into any Stipulation of Settlement so if the Tenant had sublet if the same conduct occurs again you need not start a new case but we can evict after one more Court date.

QI Have a Section 8 Tenant

The Rules are slightly different for Section 8 NYCHA tenants. We can explain the differences to you in a free consultation. Bring your Section 8 lease and contract and voucher payments to the consultation.

QMy Tenant Has Been Arrested for Assaulting a Member of My Family or Another Tenant What Can I Do?

A Nuisance Holdover is where the Tenant is doing something which can’t be cured. It is where you allege it is unsafe or improper for Tenant to remain as it is dangerous for the other occupants of the building. We handle Nuisance Holdover cases.

QWhat Is an Order to Show Cause?

An Order to Show Cause (OSC) is an ex parte application by one side or the other, usually by the Tenant in which the Tenant asks for more time to either pay rent or to find a new apartment. It could delay your case by several weeks or more depending on the scheduling of the Judge in your case.

QWill the Tenant Be Evicted Immediately?

Unfortunately, the answer to that question is NO. In the City of New York, the Clerk of the Court prepares a Final Judgment. The attorney then prepares a Requisition for a Warrant and delivers this to the City Marshal. It takes about a MONTH for that Warrant to be issued. Eviction can take place a week after the City Marshal then serves a Notice of Eviction upon your Tenant unless there is an Order to Show Cause. In Mount Vernon, the procedure is much faster as the attorney can bring a Judgment and Warrant to Court and the Judge signs them immediately while the attorney is at the argument table.

QDoes Any Kind of Notice Have to Be Served on the Tenant Before I Can File a Case?

The fast answer is that it is almost always better to have served a written demand.

If there is a lease and you wish to get your rent in a Non Payment case a 3 or 5 day notice (again we need to see your Lease to show you where it states how and what kind of notice must be served) should be prepared by your attorney, signed by you and then served by a licensed process server.

If you want to commence a Holdover case because you really want the Tenant OUT, then a 30 day notice must be prepared and served on the tenant.

There are limited exceptions, speak to us and we will be happy to see if the exceptions apply to your case.

QWhat Is the Difference Between a Non Payment Case and a Holdover Case?

In a Non Payment case, the Landlord is asking for the rent. If the Tenant can pay the rent the Tenant does not have to move.

In a Holdover case, the Landlord is asking the Tenant to move. If the apartment is a legal apartment the Landlord may also ask for back rent to be paid as well as rent for the period from commencement of the case until the eviction by the City Marshal.

Call Us Today

Address:
4419 White Plains Rd.
Bronx, NY 10470

Phone: (718) 994-1640

Fax: (718) 325-7439

Email:
Evan@RogersAndRogersEsq.com

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