As a landlord, you’re probably anxious to complete the eviction process. While many factors can impact the time it takes to evict a problem tenant, there are some general guidelines. Learn more about New York evictions — and how to streamline the process — below.
What Are the Consequences of Ignoring the Eviction Process?
An eviction is the legal process of removing a tenant from your property. If you ignore this process, you can end up with even more problems, including unnecessary delays, lost rent, criminal charges, and civil lawsuits. You should never remove a tenant’s possessions, change locks, or shut off utilities instead of requesting an eviction order from the court.
How Do I Start the Eviction Process?
During an eviction, you must submit a series of documents, including a Notice to Quit or Cure and an Eviction Petition to the court and your tenant. These filings will explain why you want the tenant to vacate your property and gives him or her the opportunity to dispute your claims. You cannot evict a tenant without good cause in New York.
While many tenants will leave a property voluntarily, others will go to court. If you’ve had a contentious relationship with a tenant, you should consult with a lawyer before starting an eviction. A landlord-tenant lawyer can help you meet all of your state’s requirements for its eviction process and prepare a compelling case for the judge.
Understanding the Timeline for a New York Eviction
If you carefully follow the eviction process, it doesn’t have to take very long to evict a tenant. However, there are some timelines that you must meet in New York:
- 5 & 14 Day Notice(s) to Pay Rent or Quit: If your tenant has unpaid rent, you must serve them with a Notice to Pay or Quit. This gives him or her a strict and specified time period to fix the problem or voluntarily leave.
- Ten-Day Notice to Cure: If your tenant has violated the lease in a different way, you typically must give them ten days to fix the situation or leave the property.
- 30-Day Notice to Terminate: If your tenant ignores your Notice to Pay or Cure, the next step is serving him or her with a 30-day Notice to Terminate. If he or she doesn’t move out within 30-days, you should request an eviction hearing.
- Notice of Petition: Once you file an eviction petition with the court, you will typically wait between 5 and 12 days before your hearing occurs.
- 72-Hour Warrant of Eviction: If the judge approves your eviction, the tenant typically has 72 hours to leave your property.
How Can I Speed Up the Eviction Process?
It’s understandable that you’re eager to end your relationship with a problem tenant. However, the eviction process isn’t just about protecting your business. It’s also an important safeguard for tenants. You have to respect the system and follow its procedures — ignoring it might lead to more headaches and lost profits.
If you want streamlined evictions with fewer delays, contact an experienced eviction lawyer for assistance. A lawyer can help you build processes that encourage your tenants to comply with a Notice to Pay or Cure. This subsequently allows you to avoid more time-intensive eviction hearings. Moreover, a lawyer can explain all of the nuances of New York eviction law, helping you and your agents with legal compliance.
We Can Answer Your Questions
The eviction process isn’t always simple — especially if you have rent-stabilized properties. At James G. Dibbini & Associates, P.C., we guide landlords through New York’s complicated laws. We aim to educate and empower our clients — helping them building their businesses, protecting their properties, and fostering good landlord-tenant relationships. Contact us for more information and an initial consultation.
