Eviction Process
Landlord – Tenant Cases From Initiation To Eviction
Stage 1: The Legal Papers
The first step is to draft the proper legal papers and have a process server serve them on the tenant. There are different types of tenancies that must be properly plead in the petition and it is important that we discuss your particular situation with you (we call this “intake”) in order to choose the action most appropriate for you so that the petition is properly drafted. Please feel free to discuss all issues with us and be candid as to whether there are illegal apartments or registrations. All matters you tell us will be held in strictest confidence.
Some cases may require that special written notice be given before the action can be commenced (section 8 tenants). Nonpayment cases require a rent demand that can be prepared by our office and holdover proceedings will require predicate notices (notice to cure and notice of termination depending on the type of holdover action). All rent demands and predicate notices must be properly served pursuant to law and pursuant to the lease agreement. Rent demands are served by a process server. Service of a predicate notice is governed by the lease agreement.
We find that it works best if our office prepares the papers and directs the service but we may need your assistance to get the process server into the building.
Important documents necessary for court will need to be obtained by you at this point. A certified copy of the deed and/or the original lease is absolutely necessary. If the building is a multiple dwelling (3 or more apartments), a certified copy of the Multiple Dwelling Registration (MDR) is necessary. If the building is rent controlled or rent stabilized a certified copy of the DHCR registration (apartment detail) is necessary, or at minimum, the most recent registration (blue copy) for the building and apartment. This office will answer any questions that you may have about obtaining these documents and prepare you and your witnesses for trial. If you did an oral rent demand and you know the case is going to trial, the person who did the demand must testify to that fact in court.
Important documents necessary for court will need to be obtained by you at this point. A certified copy of the deed and/or the original lease is absolutely necessary. If the building is a multiple dwelling (3 or more apartments), a certified copy of the Multiple Dwelling Registration (MDR) is necessary. If the building is rent controlled or rent stabilized a certified copy of the DHCR registration (apartment detail) is necessary, or at minimum, the most recent registration (blue copy) for the building and apartment. This office will answer any questions that you may have about obtaining these documents and prepare you and your witnesses for trial. If you did an oral rent demand and you know the case is going to trial, the person who did the demand must testify to that fact in court.
Stage 2: The Case Goes To Court
When the notice and petition are served, summoning the tenant to court, the clerk of the court will assign the case to one of the different judges who sit in “Resolution Parts” (one of which is specifically for co-op apartments) for a specific date usually(8-10 days after the tenant is served). The tenant could ask for an adjournment on the first date, but on the second request for an adjournment in a nonpayment case the tenant is now required to deposit all post – petition rent into court if the landlord is ready for trial and/or be “on call” (30 minutes away) on all court dates. This office is always “trial ready” and this gets results.
In the Resolution Part, most cases get settled. Remember, you do not have to settle, no matter what we or the Judge recommends. You can always go to trial. But you hire us for our expertise, so listen to our recommendations. We never recommend a settlement for less then you could win at trial, but if your case is not as strong as it could be, a settlement may be in your best interest. If the case settles but the tenant later defaults, we will obtain a warrant of eviction. Each stipulation will contain a current rent provision whenever possible. No payout will ever be given without client approval. “Minimum of two to three weeks notice will be given by our firm when possible to the landlord to inspect and repair conditions alleged by a tenant in court.
Stage 3: Going To TrialI
If the case cannot be settled, it will be sent out for trial to a Trial Part in the Housing Court. These judges are ready for trial so most cases will be tried the same day. This is another reason to be ready for trial from the very first day. You should have all of your documents, evidence, and witnesses (you cannot just summit sworn statements from them). Ready for trial means only witnesses with personal knowledge can testify.Documents Needed For Trial
Stage 4: Getting a Warrant and Evicting the Tenant
Once the case has been settled or we win at trial, we must work with a City Marshall to obtain a warrant of eviction from the Court Clerk’s Office. The Warrant Clerk’s office takes approximately 4 to 6 weeks for a warrant to issue. When the warrant is issued, a notice of eviction (six day notice) must be served by the Marshall before he can actually evict. Then the Marshall will schedule a date to evict the tenant. You must meet the Marshall and have a locksmith with you to change the locks. You can expect the eviction to take place approximately 10 days after the notice of eviction is served.
Please remember that your case may not go through all of the above stages. The tenant may settle early or just move out. There may be, however, additional stages if the tenant gets a lawyer who raises defenses. Likewise, the tenant may bring an “Order To Show Cause” to delay his or her eviction. Our job is always this, to obtain the rent arrears or possession of the apartment as quickly as possible.
If you need help with eviction process, contact law office of Mark H. Cohen & Associates for legal help today.