New York Eviction Laws

Are you a property owner in the state of New York that owns rental property? If so, you may be interested in knowing what the eviction laws of your state are. You never know when you may have a renter that just takes up residence in your property and refuses to pay or causes damage to your property. The eviction process varies from state to state, so rather than assume you know the correct eviction procedure, let's take a look at step by step the procedure you must follow in the state of New York to evict a tenant.

For starters, the landlord must either prepare himself or have an attorney prepare for him a petition requesting a formal hearing in court. A copy of this request must also be served to the tenant as well as filed within the court. Once the proper petitions have been filed, a court date is then given.

Only at the time of the court date can a landlord notify the judge by bringing a written copy of non-payment of rental monies to court. The landlord may also petition to have non-paid rent paid. A summary holdover may also be brought into the court proceedings by the landlord if it can be proven that a tenant violated a major part of the lease agreement. Using the rental property for illegal purposes is just one of the grounds that may constitute a violation.

In order for a tenant to be lawfully evicted in the state of New York, a landlord must sue and win during the court proceedings. A sheriff or marshal are the only two people that may lawfully carry out the eviction process of a tenant. The marshal or sheriff severs the tenant the warrant for eviction. A marshal must request a Warrant of Eviction prior to being able to enforce an eviction of a tenant.

In New York it is illegal for a landlord to play the part of a marshal or sheriff and try to forcefully remove a tenant from their property. A landlord may not lock a tenant out of their home or have electric or water turned off to force a tenant from their home. A landlord may not remove a tenants belonging from the home without the consent of the tenant. This would be considered an illegal eviction.

Another important fact under the New York law is that a landlord may not keep the possessions of a tenant for payment of unpaid rent. If a tenant is evicted, they must be allowed to gather all their possessions. Nothing of value may be retained to settle unpaid rent or for damage to property. If you are evicted from a property in the state of New York, be sure to collect all your possessions even if you have to call a police officer to escort you to the property to remove your belongings.

If you are forcibly or wrongly evicted in the state of New York, and you can prove it in a court of law, you are entitled to receive triple any damages or losses by the landlord or law breaker. This penalty is so severe in order to deter landlords from using force to evict tenants. If a landlord forcibly removes a tenant, the landlord may be subject to endure criminal and civil penalties and the tenant may be allowed to move back into the property.

During the eviction hearing, a tenant may ask the court to issue an Order to Show Cause (OSC). This order will allow a tenant to remain on the property until they have a chance to show good cause as to why they should be evicted. The court rulings, whatever they may be, must be upheld by the sheriff and or the marshal.

Knowing the eviction laws of New York will help you whether you be a landlord or a tenant. Understanding how the eviction process works can save you time and much hassle. Hopefully you won't need this information, but if you do, I hope this has been helpful!