Legal Question in Landlord & Tenant Law in New York

Eviction process for nonpayment.

I am a landlord of a 3-bedroom apartment, which i rent as rooms (on a monthly basis - no lease). One of my tenants has failed to pay rent for one month. He lived on his deposit with the excuse that he was planning on moving out. Now, he becomes ill-mannered when I ask for his payment and threatnens to send me to court. He even stated that he could live for 3 months for free if we go to court. How do I begin the eviction process? and is there truth to what he says about living without paying for three months? Thanks for your help.


Asked on 8/12/06, 12:24 am

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Eviction process for nonpayment.

You start by giving him a 3 Day WRITTEN notice to Quit (pay up or get out). After he does neither you serve and then file a Notice and Petition for Eviction.

The procedure MUST be done EXACTLY according to the laws that protect the Tenant so I do not suggest you do this yourself.

As far as the Tenant remaining free for 3 months.....depends on his "sob story" and if the Judge agrees to "stay" the eviction for 30 days and then the Tenant asks for more time after that, etc. But, not likely.

You better get started right away.

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Answered on 8/12/06, 12:39 pm
Steven Czik CZIK LAW PLLC

Re: Eviction process for nonpayment.

A 3 or 5 Day Rent Demand must be properly served upon the tenant, after which, if he doesn't pay you must initiate summary proceedings by filing a Notice of Petition and Petition against him which opens up a court action. As far as the 3 months that is no longer the case, the court calendars are much quicker then they used to be in Housing Court. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 8/14/06, 12:10 pm


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