How to Start an Eviction in New York State

Types of Eviction Cases

Landlord-Tenant Law in New York is complex. The exact steps to take to evict a tenant will depend on the particular grounds for the eviction.

If a tenant is not paying their rent, you may start a nonpayment case to sue them for payment, and ask the Court to evict the tenant if they still do not pay. To evict a tenant or occupant for a reason other than nonpayment of rent, such as activity that violates their lease agreement and/or staying past their month-to-month lease, you may start a holdover case after appropriate paperwork is served.

MCV Law's eviction lawyers handle both nonpayment and holdover cases in an efficient, affordable manner. We have extensive knowledge and experience handling residential and commercial evictions throughout Syracuse and surrounding regions. We’re here to help. Give us a call!

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Evicting a Tenant Under New York State Law

You must provide written notice to a tenant before starting a case. In a nonpayment case, whenever a tenant is five (5) days late in paying their rent, you must send them a written notice by certified mail informing them that their rent is past due, additionally a fourteen (14) day notice prompting them to pay the rent or quit is required.

A case is started through the filing of court papers called a Notice of Petition and a Petition. MCV Law’s Landlord Services team helps landlords structure and submit these papers in a way that greatly increases their likelihood of achieving legally-sound, successful evictions.

These are the first critical steps involved in starting a nonpayment eviction case in upstate New York. The steps required for starting a holdover case depend on the lease agreement violations demonstrated by the tenant. In both kinds of cases, even a slight mistake, overlooked detail, or miscalculation in timing can result in the case being dismissed, or worse: legal action being taken against you for performing an illegal eviction.

Contact an eviction lawyer for a free consultation today. We can fiercely protect your rights, clarify the eviction process, and help you develop a strategy that is suited to the exact details of your situation.

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