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What you need to know about tenant eviction and the eviction process.
Following appropriate notice, a landlord may bring a summary non-payment court proceeding
to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent.
A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant
significantly violates a substantial obligation under the lease, such as using the premises
for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term
without permission. (Real Property Actions Proceedings Law ("RPAPL") § 711)
To evict a tenant, a landlord must sue in court and win the case.
Only a sheriff, marshal or constable can carry out a court ordered
warrant to evict a tenant. (RPAPL §749) A landlord may not take the
law into his/her own hands and evict a tenant by use of force or unlawful means.
For example, a landlord cannot use threats of violence, remove a tenant's possessions,
lock the tenant out of the apartment, or willfully discontinue essential services such
as water or heat. (Real Property Law §235) When a tenant is evicted, the landlord may
not retain the tenant's personal belongings or furniture.
A tenant who is put out of his/her apartment in a forcible or unlawful manner is
entitled to recover triple damages in a legal action against the wrongdoer.
Landlords in New York City who use illegal methods to force a tenant to move are
also subject to both criminal and civil penalties. Further, the tenant is entitled to
be restored to occupancy. (RPAPL §713, §853)
It is wise to consult an attorney to protect your legal rights if your landlord
seeks possession of your apartment. Never ignore legal papers.
Useful links about eviction:
Illegal Evictions; Police Policy 117-11
This article is an extract of the "New York Tenant's Rights Guide" from the Office of New York Attorney
General Eliot Spitzer. For information about tenant's rights in other States, you should contact your local
Tenants/Landlords association.
1800roommates.com provides general legal information to help people understand their
legal rights, but is not a substitute for personal legal advice from an attorney.
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