Every eviction case follows several steps. Failure to follow the correct steps could result in an expensive mistake that you might not discover until weeks or months later when your case gets dismissed.
The first step begins with you. A landlord must specifically document the tenant behavior that will form the basis for an eviction. This could include lease violations, nonpayment, or nuisance conduct. If the tenant didn’t pay, you’ll have to prove that with your “five-day late notice” certified letters that inform the tenant of unpaid rent every month. If the tenant’s lease is up, you’ll have to provide a copy of the lease to show the term has expired. Most importantly, if your tenant is engaging in bad behavior, you’ll have to document the behavior and be ready to prove it in court.
Once you establish grounds for an eviction case, the next step is providing the proper predicate notice, which is any notice that must be served on a tenant before a summary proceeding in housing court may commence. New York has very specific notice requirements. Some example notices are:
• We didn’t get your rent this month
• We don’t want to renew your lease
• You’re violating your lease, and we want to end the lease
More complicated still, some of the predicate notices have their own predicate notices, such as Lease Violation notices that put tenants on notice that yet another notice may be coming.
Some notices, like the 14-Day Demand for Rent, have very specific requirements about how and when the tenant must receive the document. Recently, New York began requiring a multi-page notice informing tenants about their status under New York’s “Good Cause” eviction law, even where the law is not in effect.
Once the required notice has been given and the tenant has failed to comply or vacate, New York law sets forth specific requirements for filing and serving court papers. New York has created its own form called a “Notice of Petition” for landlords to use, and failing to use the right form means your case will be dismissed when it reaches court.
Eviction proceedings have strict service requirements distinct from general civil cases. Failure to follow the steps to ensuring proper service of eviction papers may also lead to your case being dismissed. Once your case finally reaches court, there are additional procedural steps awaiting.
Tenants can have their cases adjourned 14 days just for the asking, and notices on the state-required forms ensure your tenants will know this. Once you finally get into court, your tenant may not show up or they may fight the case and require you to do a trial or hearing. Even if you win, there are many more steps before you can get your property back. Getting a Warrant now means that you will have to get a busy marshal or sheriff’s office to enforce it.
Think your case is over? Think again. There are further steps a tenant can take to stay. Appeals, 7-D Petitions, and Orders to Show Cause may have you back in court after you've “won” your case. Trying to save money by handling an eviction without a lawyer could cost more in the long run.
If you are a landlord or property owner seeking legal assistance with a residential or commercial eviction or dispute, we welcome you to connect with our Landlord Services team for a free initial consultation. MCV Law’s landlord lawyers are happy to help you navigate the complex legal processes necessary to evict a tenant.