What are the required steps for a landlord to legally evict a tenant in New York City?

To legally evict a tenant in New York City, a landlord must follow specific steps and procedures as outlined below:

Step 1: Provide a Notice to the Tenant

Before a landlord is able to initiate eviction proceedings, they must first provide written notice to the tenant stating that they are in violation of the lease or rental agreement. This notice can either be a termination notice or a demand for payment of rent notice, depending on the specific circumstances of the eviction.

Step 2: File a Petition in Court

If the tenant fails to comply with the written notice provided by the landlord, the next step is to file a petition in housing court in the county where the rental property is located. The petition should include a description of the dispute, the lease agreement, the notice given to the tenant, and any other relevant documentation. The court will then schedule a hearing and serve a copy of the petition on the tenant.

Step 3: Attend the Hearing

Both the landlord and tenant must attend the scheduled hearing in court. At the hearing, both parties will have the opportunity to present their case and evidence. The judge will then make a decision about whether to allow the eviction to proceed or not.

Step 4: Obtain a Warrant of Eviction

If the judge rules in favor of the landlord, they will be granted a warrant of eviction. This document allows them to remove the tenant from the rental property with the assistance of the local sheriff or marshal.

Limitations and Exceptions

There are several limitations and exceptions to the process of evicting a tenant in New York City. For example, a landlord cannot evict a tenant without a court order and cannot use self-help measures such as locking the tenant out of the property or shutting off utilities. Additionally, during the COVID-19 pandemic, there is currently a moratorium on evictions for tenants who have experienced financial hardship as a result of the pandemic.

Further Action

If a landlord wishes to legally evict a tenant in New York City, it is recommended that they seek the advice of a licensed attorney who is familiar with housing laws in the state. An attorney can assist with drafting the necessary legal documents, representing the landlord in court, and ensuring that all necessary procedural requirements are met.