New York - DIY Eviction (by DO [NY]) Feb 12, 2019 7:41 AM|
New York - DIY Eviction (by Jeff [CO]) Feb 12, 2019 7:52 AM
New York - DIY Eviction (by Robert,Ontario Canada [ON]) Feb 12, 2019 7:58 AM
New York - DIY Eviction (by 6x6 [TN]) Feb 12, 2019 8:01 AM
New York - DIY Eviction (by Jeff [CO]) Feb 12, 2019 8:08 AM
New York - DIY Eviction (by Oregon Woodsmoke [ID]) Feb 12, 2019 8:13 AM
New York - DIY Eviction (by Steve [MA]) Feb 12, 2019 8:48 AM
New York - DIY Eviction (by Ken [NY]) Feb 12, 2019 9:19 AM
New York - DIY Eviction (by cjl [NY]) Feb 12, 2019 10:16 AM
New York - DIY Eviction (by small potatoes [NY]) Feb 12, 2019 12:00 PM
New York - DIY Eviction (by Vee [OH]) Feb 12, 2019 4:35 PM
New York - DIY Eviction (by myob [GA]) Feb 13, 2019 8:10 PM
New York - DIY Eviction (by DO [NY]) Posted on: Feb 12, 2019 7:41 AM
Can anyone provide a link or resource to learn more of how to properly conduct a legal eviction of a tenant in New York State?
New York - DIY Eviction (by Jeff [CO]) Posted on: Feb 12, 2019 7:52 AM
Yes. I hire a lawyer who does evictions. --76.120.xx.xx
New York - DIY Eviction (by Robert,Ontario Canada [ON]) Posted on: Feb 12, 2019 7:58 AM
Google to find a landlords Association as make sure you the legal process as cutting of utilities can wind up in fines. --70.24.xx.xxx
New York - DIY Eviction (by 6x6 [TN]) Posted on: Feb 12, 2019 8:01 AM
You can probably pick up some information from post on this forum.
Some here have also suggested sitting in on court cases and observing and when cases are done and when appropriate you can ask the judge.
Also as Jeff you can just hire a lawyer but I see you want to DIY. --73.120.xx.xxx
New York - DIY Eviction (by Jeff [CO]) Posted on: Feb 12, 2019 8:08 AM
Remember the old saying: He who acts as his own lawyer has a fool for client. --76.120.xx.xx
New York - DIY Eviction (by Oregon Woodsmoke [ID]) Posted on: Feb 12, 2019 8:13 AM
Basically, you must file the proper paperwork at the proper time and then wait it out and let the court system work through it.
I don't know what the procedure is in New York, but if you look up their revised statues, it should tell you what the time lines are.
If you don't know how to do one, it would be a good investment to hire a specialist lawyer and watch carefully to see how he does it. You'll want a lawyer who does a lot of evictions and maybe you can get one done for the bulk price.
If you happen to be in an area that has rent control, it will be a lot more complicated. --98.146.xxx.xxx
New York - DIY Eviction (by Steve [MA]) Posted on: Feb 12, 2019 8:48 AM
Find out what days the courts in your area hear LL / Tenant cases & pay them a visit. While there decide which lawyer you think does the best job. When you're ready to do your first eviction contact this lawyer & have them handle it for you. After observing in court & your lawyer handle an eviction, you should be able to decide if you want to handle any future evictions yourself or have a lawyer handle them. --96.237.xx.xx
New York - DIY Eviction (by Ken [NY]) Posted on: Feb 12, 2019 9:19 AM
I do quite a few evictions upstate.I am pretty sure there is a booklet at the courts that you can use as a guide but you will be held to the same standards as an attorney.The timelines must be met and each judge has there little things they want that are not necessarily required but will tick off the judge if not done the way they want it done.Most communites seem to have 1 attorney who does lots of evictions and that is where you will get the best price and best service.Either get someone at the court to tell you who that is or go to court on eviction day and watch for an attorney doing multiple evictions and get there card. --72.231.xxx.xxx
New York - DIY Eviction (by cjl [NY]) Posted on: Feb 12, 2019 10:16 AM
What Ken[NY] said. There are "rules" that must be followed. Depends on where you are too (I think) - meaning I am also in Central/Upstate NY but if you are downstate (ie NYC) good luck!
If you are a corporation or whatever you MUST use an attorney.
If you don't have the paperwork filled out/ completed or served accurately - you go back to square one and it starts all over again.
I would recommend going to an attorney and pay attention to what they do/tell you to do. Yes, you can go to court and the court will give you papers on how to do it as well but again, if you have never done it - I'd get someone that knows how to do it. Also - make sure you ask questions and/or pay attention in court (go watch a few proceedings). At one time the person I use to serve was brought up (in name) during court. I don't think they meant to say anything and most likely MOST didn't realize what was being said but it was something to the affect of "hey wait - this isn't so-n-so's paperwork I need to really check it". That definitely gave me the "warm and fuzzies" that I knew I was using someone that knew their stuff. --209.217.xxx.xx
New York - DIY Eviction (by small potatoes [NY]) Posted on: Feb 12, 2019 12:00 PM
you need a process server. They will correctly serve the notices (eviction and money judgement) and file the paperwork with the court for you. It is all a timeline and waiting game. Court itself, you can definitely represent yourself as long as you are organized and are not asking for exorbitant expenses. The process server should ask you for a basic accounting. You just have to give them from the point that the arrears began. Stick to rent and late fees and you will not raise any hackles. In court the judge should allow your money judgement request to be updated to reflect current prorated portion of rent and process server expenses. Just have the invoices for the service with you. Make sure the judge does not try to deduct the security deposit from your judgement. Point out that you will not know what damages or additional expenses there might be until eviction has occurred. One lawyerly question would be does the court complete the judgement paperwork or do you have to fill it in. Hope your tenant does not ask for a lawyer, which will result in rescheduling. Ask for mediation, because the court may reschedule the case if you do not.
By me they print out the eviction right away and then you have to wait for them to write up the money judgement. The eviction judgement goes w/ x copies goes to the county sheriff where you pay a fee plus mileage. The money judgement is filed w/ county clerk. Same deal take x # copies. If you get tha far you will have more questions! Good luck hope you are not in the city.
Look up "landlords guide to holdover summary proceedings" NYS unified court system. --24.194.xx.xx
New York - DIY Eviction (by Vee [OH]) Posted on: Feb 12, 2019 4:35 PM
Basic answer is have a good understanding of state and local tenant rules, spend 8 - 12 visits in your housing court as an observer so you know some of the bulloney that tenants come up with before you open for business.
New York - DIY Eviction (by myob [GA]) Posted on: Feb 13, 2019 8:10 PM
I thought I knew what you were asking but looked again. R u asking eviction from start to finish or the actual eviction-- where the sheriff comes? If it's the actual set out -- you don't need no stickin lawyer -- your already past the lawyer/ rip off part.
Start to finish-- we file all the paperwork ourselves-- if your a LL you need to know what and how to do it. We get all the way to court day (week before) and then call our lawyer-- the guy who handles us and ALL the apt complexes-- there is no reason you have to pay an atty to do the prel. When it comes time fo rthe hearing-- we let the mouth piece do his job. Cost is 75.00 for that. --216.130.xx.xxx