Download New York Eviction Notice Forms – PDF

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New York Eviction Notice Forms – PDF

Property owners in New York can use one of two types of eviction procedure to remove tenants. One is used to evict tenants who have not paid rent, and the other is used to evict tenants who have violated the lease in another way.

How to Evict a Tenant in New York

1. Notice/Demand for Rent

For nonpayment cases, the landlord must begin by issuing a three-day demand for rent. For other evictions, such as when tenants stay after the lease has expired, the landlord must issue a Notice of Termination, which gives the tenant 30 days to leave the property. The owner need not allow the tenant to correct the violation during that period.

Demands and notices must be written and delivered to tenants in one of three ways. Anyone other than the landlord may personally hand the notice to the tenant and sign the return of service. A server may also leave the notice with a cotenant of suitable age, or, if two attempts to personally deliver the notice have failed, post the notice at a conspicuous location. If you use one of the latter two methods, two copies of the notice must also be mailed to the tenant.

2. Filing the Case

If the tenant does not pay the rent or vacate, the owner may file a Petition against the tenant in the court where the property is located. The court will send owners notice for the hearing, and owners must then notify the tenant of the hearing date and time in one of the ways above.

3. Hearing

As in other cases, the property owner must prove that the tenant violated the leased. Parties should bring all relevant evidence and witnesses to court to prove their cases. This would usually consist of copies of the lease and notices, receipts, or witnesses, for example, to testify that the tenant created a nuisance. Alternatively, the tenant could try to show that he or she did not violate the lease.

Tenants must appear at the hearing, or the judge will issue a default judgment for the landlord, and the tenant will have only five days to vacate. If the judge rules for the landlord in a nonpayment case, the tenant will have five days to pay the rent or vacate. For other violations, the judge might give tenants more time to leave.

After this period expires, owners can obtain a Warrant of Eviction to compel law enforcement to physically remove tenants who have not left within 72 hours of being served with the Warrant.

Individual Forms

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