Determine If You Can Use Summary Eviction Proceeding
Generally, if you are a landlord or a roommate you can petition for an eviction order in Civil Court. However, if the rented premises does not have a proper certificate of occupancy, you may be limited to bringing a relatively onerous ejectment action in NYS Supreme Court.
Determine If You Are Bringing A Nonpayment Or Holdover Proceeding
If you want an eviction because the tenant did not pay, you need to bring a nonpayment action. The tenant may have the option of staying if they pay the rent, even right before the hearing, so be aware of the possibility that he may pay, and then promptly become delinquent again. If you are a roommate trying to evict a nonpaying roommate, you cannot bring a nonpayment proceeding.
If you seek an eviction for basically any other reason, you should bring a holdover proceeding. You can use these proceedings to enforce other material conditions of the lease. You can also bring these proceedings against someone who has never paid rent to you but now refuses to leave, such as a squatter or a licensee. An example of a licensee would be a boyfriend who moved in and now won't leave after the breakup, if the boyfriend was never on the lease and never paid rent to you.
Serve A Notice
You must serve a notice on the person you seek to evict a set period of time before you can file a petition for summary eviction. For a nonpayment proceeding, the notice must describe the exact sum that is owed, and detail why it is owed. The person has a chance to rectify the situation during that period. The time period varies depending on what kind of proceeding you file. The notice must disclose that failure to comply will result in eviction.
If you are bringing a nonpayment proceeding, you have to file at least three days after you serve the notice. For a holdover proceeding against someone you never received from from, you have to give them ten days. For a holdover proceeding against someone you received rent from, you must give them thirty days, and serve them with the notice before the beginning of the next rental period.
File A Summary Eviction Petition In The Appropriate Civil Court
If the person who is served with the notice does not rectify the problem within the given time period, file a summary eviction petition in the Civil Court in your borough. You can pick a trial date. You must serve the person with a copy of the petition.
At the hearing for the petition, you must bring evidence that you have strictly followed all of the above steps. If the notice is insufficient, or it is not served properly, the court may toss out the petition and force you to refile everything. You must also bring sufficient evidence to make your case. At that point, you can argue your case, and respond to the respondent's claims.
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