Legal Question in Civil Litigation in New York

Landlord Tenant

I have a tenant who hasn't paid April rent. She's lied about payment several times. She's evasive and doesn't answer phone calls or respond to notices on the door. I did manage to confront her 1 week ago and she said that she would be out by the 1st... that would be good enough for me. Except she is still there, I've advertised the apartment and have a young couple with 1st month and Security deposit ready to move in today or ASAP. Three Qwestions:

1. Do I have to do the standard Civil Proceedings that could take another month and about $500?

2. Can I legally rent a POD to move her belongings into to get the paying tenants into the apartment before they go elsewhere?

3. What kind of trouble could I really get into if I do an illegal eviction and put her stuff to the curb... she did tell me that she would be out by the 1st in front of 3-witnesses?


Asked on 5/01/08, 9:41 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Landlord Tenant

Q. 1. Do I have to do the standard Civil Proceedings that could take another month and about $500?

A. Yes. You would have to commence a summary proceeding for a judgment of possession and warrant of eviction.

Q. 2. Can I legally rent a POD to move her belongings into to get the paying tenants into the apartment before they go elsewhere?

A. No. That would be deemed a "self-help" eviction without a judgment or warrant.

Q.3. What kind of trouble could I really get into if I do an illegal eviction and put her stuff to the curb

A. A lot of trouble. Under RPAPL section 853, "If a person is disseized, ejected, or put out of real property in a forcible or unlawful manner, or, after he has been put out, is held and kept out by force or by putting him in fear of personal violence or by unlawful means, he is entitled to recover treble damages in an action therefor against the wrong-doer."

Mike.

Read more
Answered on 5/01/08, 11:19 am


Related Questions & Answers

More General Civil Litigation questions and answers in New York