What are the steps a landlord in New York needs to take to evict a tenant for non-payment of rent?

Steps to Evicting a Tenant for Non-Payment of Rent in New York

As a landlord in New York, there are specific steps that need to be followed to evict a tenant for non-payment of rent. These steps are:

1. Provide the tenant with a notice of rent demand: Before beginning the legal eviction process, the landlord needs to provide the tenant with a written notice of rent demand. This notice should state the amount owed, the due date of the rent, and the consequences of not paying the amount owed within the time specified.
2. Serve the tenant with a notice of petition: If the tenant still hasn't paid the rent by the date specified in the notice of rent demand, the landlord must serve the tenant with a notice of petition and petition for non-payment of rent. This notice of petition must be properly served on the tenant, usually by personal delivery, certified mail, or by affixing it to the door of the tenant's unit.
3. File the petition with the court: Once the notice of petition has been served on the tenant, the landlord must file the petition with the court. The petition should include information about the amount of rent owed, the date it became due, and a statement that the landlord has provided the tenant with a demand for payment.
4. Attend the court hearing: The court will schedule a hearing date and time for the eviction case. The landlord must attend the hearing and present their case, including evidence of the tenant's non-payment of rent and the steps taken to demand payment.
5. Receive a judgment: If the court finds in the landlord's favor, they will issue a judgment in favor of the landlord. This judgment will give the landlord legal permission to evict the tenant.
6. Obtain a warrant of eviction: A warrant of eviction is a court order that allows the landlord to physically remove the tenant and their belongings from the rental unit. The landlord must obtain a warrant of eviction from the court and have it served on the tenant.
7. Carry out the eviction: Once the warrant of eviction has been issued and served, the landlord must have the tenant physically removed from the rental unit. The landlord can only do so with the assistance of a law enforcement officer.

It's important to note that evictions in New York are subject to specific laws and regulations, including notice requirements and tenant protections. Landlords should ensure that they comply with these laws to avoid legal or financial consequences. Landlords who fail to follow these procedures could face legal repercussions, including being unable to collect rent or even being sued by the tenant. If you have any questions or concerns about the eviction process, it's strongly recommended that you speak with a licensed attorney.