Specializing in Land lord tenant matters!!!
Pre rental Background Checks…
Foreclosure Postings and Service of Due Process……
Court attendance services…..
Foreclosure Auction attendance services……
We serve, 3-Day Notices, 30-day Notices, all forms of Notices to quit. Our firm will prepare serve and
file all needed with your respected Court. Concerning LLC’s and INC’s in the state of New York, all LLC’s
and INC’s have to be represented in court by a lawyer, which is no problem for our firm we have a
pool of several lawyers on retainer to meet your needs when and where necessary.
New York State Eviction Laws do not Allow Lockouts!!!
It is illegal to self-evict or lockout a tenant, which means taking action to expel a tenant without a
court order. Many of these measures can be subtle such as blocking access to the tenant’s reserved
parking spot, raising the rent in violation of the lease or by removing the tenant’s personal belongings.
More obvious examples are threats of force, changing the locks and shutting off utilities. A tenant
should contact local law enforcement if any of these actions occur.
A landlord who is found in violation of the New York’s lockout law may be liable for three times the
damages suffered by the tenant.
This is the first kind of New York Eviction Notice is called a “Demand for Rent.” A 3-Day Demand for
Rent is required under the New York eviction process in cases of nonpayment of rent. The notice must
state the amount of rent owed and that the landlord will file a Petition for Eviction if the rent is not
paid within the 3-day period.
30-DAY NOTICE OF TERMINATION:
A 30-day eviction notice must be served for all other evictions, including violations of the lease,
refusing to leave after the lease has expired, for creating a nuisance or for participating in criminal
behavior on the premises. The 30-days must be one full rental term, meaning the notice needs to be
served before the first of the month. This notice is commonly referred to as a New York “Notice of
A landlord does not have to allow the tenant to comply with the lease that has been violated, but the
violation must have been substantial.
If You Need an Eviction Notice for New York, We recommend that you contact one of our office’s Our
firm fully comprehends everything you need to do an eviction in New York and for all new clients
we’re currently offering our services at a special discounted price.
PETITION AND NOTICE OF PETITION:
The next step in the New York eviction process if the tenant fails to leave, pay the overdue rent or
comply with the lease provision allegedly violated, is for the landlord to file a Petition. This is done in
the Housing section of the civil court for the jurisdiction where the property is located. The Petition
sets forth the reason for the eviction and the Notice of Petition that is issued by the clerk has the date,
time and location of the hearing.
Service of Petition and Notice of Petition
The Petition and Notice of Petition may be served in any of the following three ways:
- Personal service. Anyone other than the landlord can personally serve the tenant. If the
landlord is also requesting money damages, the tenant must be personally served.
- Substituted service. If the tenant is not available, the Petition can be left with a person of
suitable age and discretion who also resides in the unit. The server must also immediately
mail 2 copies of the Petition and Notice of Petition–one by regular mail and one by registered
- Posting or Conspicuous Location. If no one is present after two attempts are made, one during
working hours and one during evening or off hours, the server may attach or post the
documents to the unit door or by sliding them under the door.
In any of these service methods, the server must sign an affidavit before a notary public regarding the
method of service.
If the tenant fails to appear, the judge will declare a default judgment and give the tenant 5 days to
vacate the premises. Otherwise, the landlord must prove that the tenant did not pay the rent when
due or committed a substantial violation of the lease. The Landlord must offer documentary evidence,
testimonial evidence, if necessary, along with copies of the lease, notice served, Petition and Notice of
Petition, affidavit of service, rent receipts, photographs, repair estimates, or any other evidence in
support of his or allegations.
The tenant may also present evidence of any defenses or to rebut the landlord’s allegations.
If the landlord prevails in a nonpayment of rent case, the tenant is given 5 days to pay the overdue
rent and other costs incurred by the landlord. In other cases, the judge may allow the tenant a limited
time to cure the lease violation.
A tenant in the New York eviction process has any number of defenses available, including the
- The allegations are not substantial enough to warrant an eviction.
- The allegations are false.
- There was improper service.
- The notice does not specify a reason for eviction.
- The landlord waived eviction by accepting rent.
- The eviction is in retaliation for the tenant having filed a complaint regarding the condition of
- The eviction is based on the tenant’s religion, race, sex, national origin, creed, sexual
orientation, age, marital or family status, or disability.
Warrant of Eviction
Should the tenant fail to pay the rent within 5 days of the court order, vacate or comply with the
lease, the landlord must obtain a Warrant of Eviction directing the City Marshall or other law
enforcement official to remove the tenant. The City Marshall must serve a Marshall’s Notice, which
gives the tenant 72-hours to vacate or he or she will be forcibly removed.
The Warrant must be served in the same manner as the Petition and Notice of Petition with additional
days to vacate if it is served on a weekend or holiday. An eviction cannot take place on a weekend or