What is necessary to evict a tenant from an apartment building in NYS? Can you just give them a 30 day notice, or do you need a justifable in court cause for the eviction?
im pretty sure you have to get a court order.
u can do a 30day without court, have it mailed to them with request a singature so they cant say they never got it… and u can do a 3day if u go to court and justify it, have a sherrif at there door step telling them to be out in 3 days 
Pretty sure in NY it is very difficult to get someone evicted unless very good just cause, I know that NYS law sides with the tenant a lot rather than the landlord.
Call the town hall the apt is in. They can give you the exact details. I believe some towns have specific rules.
I was pretty sure that a lease provides rights for both the landlord and tenant. I didn’t think you could legally evict someone without a court order unless they do something to violate the lease.
call a real estate lawyer
Post details when you can we want to hear about your dead beat tennants.
Say you need to remodel their bathroom and remove the toilet and sink. They won’t last long.
http://www.megalaw.com/ny/top/nylandlord.php
THE FOLLOWING IS NOT PART OF POLICE PROCEDURE 117-11, BUT IS AN EXPLANATION WRITTEN BY A THIRD PARTY.
The Rights of Tenants who have been unlawfully evicted
Administrative Code Section 26-521
Police Patrol Guide 117-11
In 1982, the City Council of New York passed the Unlawful Eviction Law, a local ordinance making it illegal for any person, without a court order, to evict or attempt to evict an occupant who either has a lease or has lawfully occupied the unit for thirty or more consecutive days.
OWING RENT IS NOT A REASON TO BE UNLAWFULLY EVICTED. A LANDLORD CANNOT ACT AS A JUDGE, JURY OR MARSHALL. ONLY A JUDGE CAN ORDER AN EVICTION.
Examples of illegal evictions are:
- Locking the occupant out of the dwelling unit or changing the locks without giving tenant the keys.
- Using or threatening to use force to remove an occupant
- Denying essential services such as heat, electricity or water for the purpose of evicting.
- Removing the entrance door.
- Removing the occupant’s possessions.
STEPS TO FOLLOW IF YOU HAVE BEEN UNLAWFULLY EVICTED:
- Call the police. You may be directed to go to the precinct. If so, an officer will accompany you back to your apartment. (if the owner has removed the locks or door, explain to the police that you cannot leave your apartment unprotected and demand an officer come to the location.) Whether over the phone or in person get the name or badge number of any police personnel you speak with. In many cases the police will see this as a civil case and not within their jurisdiction. Mention the Police Patrol Guide procedure #117- 11 and if they still refuse to assist, demand to speak with a sergeant or whoever is in charge. In some cases you will end up having to make a complaint about the officer(s) with the Civilian Complaint Review Board.
- It can be extremely helpful to present the following types of information to the police when seeking their assistance in an unlawful eviction:
- A copy of your lease
2. Rent receipts
3. Utility bills
4. Mail addressed to you at the building in question.
5. Statements of non-involved parties such as neighbors.
6. Any written documentation of violations or harassment between you and the owner/landlord. This is not a legal requirement, but it does add credibility to your claim.
7. The address and phone number of the landlord, the super and/or managing agent
(it may make sense if you suspect the landlord may attempt an illegal eviction to keep copies of any of the above at another location so you can prove your claim. In many cases the proof the tenant needs is locked in the apartment where they cannot get access.)
If you get back in:
- You should contact a local housing group immediately.
- If you have a court case pending, go to court to file contempt.
- Contact the City-Wide Task Force on Housing Court Coordinator (usually located in the lobby of your borough housing court).
If you can’t get back in:
- Contact a friend or relative to spend the night with.
- Call the Emergency Assistance Unit (EAU) at 1-800- 994-6494 to stay in a temporary emergency shelter, or
- Call Victim Services at (718) 577-7777
- Go to Housing Court to get an Order to Show Cause (OSC) to restore possession.
- Contact your local housing group or the City-Wide Task Force on Housing Court Coordinator (usually located in the lobby of your borough housing court).
If your utilities are cut off:
- If your gas and/or electric service has been discontinued, check with Con Ed/Brooklyn Union Gas/Long Island Lighting Company to find out the reason for the discontinuation. Two possible reasons may be nonpayment of bills by the landlord or a request by the landlord/agent that service be turned off. If the landlord has requested a turn-off on your account (which you pay for and is not included in the rent) then ask/demand to speak with the utility company branch manager. Inform him/her that you did not authorize any turn off (assuming you are paid up), that the landlord did this without authorization and that you want service restored immediately. Inform then that you have an ongoing dispute with your landlord and that the utility company cannot get involved one way or another. Let them know you will go to the Public Service Commission if they don’t immediately restore service and that their action (or failure to restore service) may possibly have legal repercussions for the utility company. Also call the Public Service Commission at 1-800-342-3377.
- Check and see if the service is being cut off from inside the premises for the purpose of an unlawful eviction. If this is the case, call the Police. Call the Department of Housing Preservation and Development at 212-824-4328 and register a complaint.
- In some cases the landlord may try to transfer your utility account (in your name) to his name in anticipation of cutting off service. If this is the case (even if the gas or electricity has not yet been turned off), see #1 above and call the utility Company and demand they restore the account to your name.
- If the owner has turned off service to public area electricity (such as hallway lighting), call the police, fire department or your utility emergency number (or all three). Such a situation is very dangerous in that tenants may fall down open stairwells. If the public lighting has been turned off (and you did not get a letter from the utility warning you of this), call the utility to get service restored. In some cases tenants may transfer a public area electrical account to their name (or the tenants association name) and pay it off deducting the cost from their rent. In such cases, tenants are advised to seek legal advice as they may then be responsible for the bill.
IT IS VERY IMPORTANT TO KEEP A LIST OF THE NAMES AND TELEPHONE NUMBERS OF ALL PEOPLE YOU HAVE SPOKEN TO.
Keep detailed logs of what happens, who you speak to, where you go. If you incur any expenses (hotel bills, restaurant, clothing, medicine, etc.), then keep all receipts.
Since an unlawful eviction is a Class A Misdemeanor, subject to criminal and civil penalties, the landlord or his representative (managing agent or super) can be subject to the following penalties: a universal summons, arrest, fines (treble damages) or an action in civil and/or criminal court.
Removing the entrance door.
HAHAHAHAHAH
^^
that is priceless
I’m pretty sure that whole thing is for NYC
NYC regs are worse than NYS, but from what I’ve heard from friends who rend places it’s still not an easy process. In fact, my neighbor gave up and sold his rental place after having a couple shitty tenants.
Just burn it down. If they’re real scumbags, do it while they’re sleeping.
Ive seen the door removed thing… usually its done at shady apartments… or projects…
That is specifically about unlawful evictions in NYC, but the law that only a court can evict a person is still applicable.
I believe its quite a process to evict someone if they have a lease. If they are month to month you only have to give them 30 days notice.