Evictions – By Harry Konst, Konst Law Offices
Depew and Lancaster, New York
Landlords seeking to remove tenants from their real property for nonpayment of rent must follow a strict procedure through the court system.
Three Day Notice to Pay or Quit - You must give the tenant notice and afford them due process in order to respond to the allegations against them.
Notice of Petition and Petition – The legal documents you must have served on the tenant by a third party, called a process server. To obtain “personal jurisdiction" over the tenant, you must serve them “personally."
Affidavit of Service – This document is prepared by the process server and filed with the court to prove you served the tenant.
Court – The Notice of Petition states a specific court date and time that is 5 to 12 days from process. If the tenant does not appear in court, you can ask the court for a default judgment. If the tenant does appear, the court will entertain the tenant’s valid defenses and make a decision.
Judgment – Signed by the judge, who enters the court’s decision.
Warrant of Eviction – This document is required to give to the sheriff in order to execute the eviction of the tenant from the premises. The sheriff will then produce the Notice of Eviction, whereby he informs the tenant of the date and time of the eviction. At least 72 hours notice needs be given prior to the eviction and all warrants of evictions must be conducted between sunrise and sunset.
Property Removal - The landlord should make arrangements for locksmiths and moving companies at the time of the eviction. The eviction is not considered perfected until all people and personal property are removed from the premises. Personal property cannot be put at the curb and must be stored with reasonable care to protect the property. The tenant has a right to their personal property, and denying access could result in the landlord being charged criminally.
Be prepared. Consult with an attorney experienced in real estate. For a free consult, contact Konst Law at (716) 601-1000.