How long does it take to evict a tenant in NYC

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Old Sep 22nd, 2009, 07:25 PM   #1
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Default How long does it take to evict a tenant in NYC

How long does it take to evict a tenant in NYC .....this is an illegal basement apartment. Has anyone actually done this before?
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Old Sep 22nd, 2009, 08:05 PM   #2
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Default Re: How long does it take to evict a tenant in NYC

NYC has a notoriously byzantine process for evicting tenants. I wouldn't be surprised if it takes couple of weeks to evict illegal tenant.

I would suggest to give him a 30 day notice before you go to LL-tenant court.
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Old Sep 22nd, 2009, 08:21 PM   #3
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Default Re: How long does it take to evict a tenant in NYC

by NYC Rent Guidelines Board

My landlord has served eviction papers. How long will it take to get evicted, and should I show up in Housing Court?

If you do not appear in court, it is possible that the judge may simply order your eviction and issue a warrant of eviction, in which case you would have to be out in as little as six days. We cannot say for certain how long it would take to evict you because each case is different. In some cases, the violation complained of may be "cured" to end the threat of eviction. In other situations, the tenant may have valid procedural or substantive defenses to eviction. Sometimes, even when judgment is issued against the tenant, if hardship is shown, an eviction may be "stayed" for up to six months by the judge.

You are strongly advised to consult an attorney to assess your individual situation. If you cannot afford an attorney and do not qualify for Legal Aid or Legal Services, please take a look at these publications on housing court here and here. These guides may help you understand what is your best course of action in your case. Information and assistance may also available from the NYC Dept of Homeless Services. In addition, you may want to call one of the New York City Tenant organizations such as Tenants and Neighbors (212) 608-4320 or Met Council (212) 979-6238 for advice or free legal help.


Can a small landlord represent himself in Housing Court?

The answer is yes, but it is risky. Landlord/tenant laws in New York are among the most complex in the nation. We highly recommend that you contact the Rent Stabilization Association (212) 214-9200 or the Small Property Owners of New York (212) 410-4600 for advice on how to proceed. While you may have grounds to evict a tenant, you may be unaware of the various notice and service requirements which are needed to secure an eviction. Often owners who proceed without a lawyer find themselves hiring a lawyer after a few failed attempts.


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