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New York Building Eviction Litigation | Process, Timeline, Cost, and Documentation
In New York, building eviction litigation refers to legal proceedings initiated by a landlord to reclaim possession of real property when a tenant refuses to vacate after the lease has expired, has been terminated, or when occupancy is otherwise unlawful. This legal route allows the landlord to obtain a court order and, if necessary, enforce it through a marshal or sheriff. Below, we break down the full eviction process, expected duration, costs, and key documents required under New York law.
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1. New York Building Eviction Litigation: When Is It Necessary?
Building eviction litigation is typically necessary when a tenant continues to occupy a property without legal right. Common scenarios include:
New York Building Eviction Litigation: Typical Grounds for Filing
- A lease has expired or been lawfully terminated, but the tenant refuses to leave.
- A third party who is not a lawful tenant is occupying the property without consent.
- A tenant has breached the lease (e.g., unauthorized alterations, illegal use), justifying termination.
Landlords must avoid self-help evictions, such as changing locks or removing belongings, which are illegal under New York Real Property Actions and Proceedings Law (RPAPL §768).
2. New York Building Eviction Litigation: Step-by-Step Process and Timeline
The eviction process in New York typically follows this sequence:
New York Building Eviction Litigation: Notice to Vacate
Before initiating a lawsuit, landlords must serve a written notice to vacate. The type of notice depends on the cause:
- Holdover cases (e.g., lease expiration): require a termination notice and notice of petition.
- Non-payment cases: require a rent demand before proceeding.
In holdover cases, a 30-day or 60-day notice is typical, depending on tenancy duration and rent laws.
New York Building Eviction Litigation: Filing the Petition
The landlord files a petition in the Housing Part of the Civil Court or Supreme Court (for commercial or higher-value cases), including:
- Notice of Petition
- Verified Petition (outlining facts and claims)
- Proof of Service
Court dates are set within 10–17 days after service, allowing tenants time to prepare.
New York Building Eviction Litigation: Court Proceedings
Both parties appear in court. The judge may:
- Recommend settlement or mediation.
- Order an immediate trial.
- Grant default judgment if the tenant fails to appear.
If the landlord prevails, the court issues a warrant of eviction, giving tenants usually 14 days to vacate.
New York Building Eviction Litigation: Enforcement and Marshal Eviction
If the tenant still does not vacate, a City Marshal or Sheriff conducts the eviction. The process includes:
- Serving a Notice of Eviction (typically 14-day notice).
- Scheduling physical eviction.
- Overseeing removal of tenant and belongings.
Delays may arise if the tenant files an order to show cause (OSC) seeking to stay the eviction.
3. New York Building Eviction Litigation: Required Documents
To initiate and sustain eviction litigation, landlords typically need the following:
| Document | Purpose |
|---|---|
| Lease agreement or notice to quit | Establishes tenancy terms or legal notice given |
| Rent ledger or proof of breach | Supports claim for non-payment or lease violations |
| Affidavit of service | Confirms legal notice delivery to tenant |
| Building deed or ownership proof | Verifies plaintiff's legal interest in the property |
Failure to provide clear and proper documentation can result in case dismissal or delays.
4. New York Building Eviction Litigation: Estimated Costs
Filing an eviction case in New York involves several cost components:
New York Building Eviction Litigation: Filing Fees and Legal Expenses
1.Court Filing Fees:
Civil Court: Approximately $45–$140 depending on property type.
Supreme Court: Higher filing and index fees may apply.
2.Process Server or Marshal Fees:
Service of notice: $30–$100
Execution of eviction: $200–$500 depending on location.
3.Attorney Fees (if applicable):
May range from $1,000 to $3,000 for a contested residential eviction.
Commercial eviction matters may cost more due to complexity.
4.Storage & Moving Costs (if tenant belongings are removed):
Marshal’s removal fees and storage charges are often prepaid by the landlord but may be recoverable if permitted in lease or by court order.
5. New York Building Eviction Litigation: Strategic Considerations
Landlords must be careful not to violate tenant rights or engage in harassment, as these are punishable under RPAPL §768 and NYC Admin Code §26-521.
New York Building Eviction Litigation: Why Legal Representation Is Important
An attorney ensures:
- Accurate drafting and service of notices.
- Timely and proper court filing.
- Representation in hearings, settlement talks, and post-judgment enforcement.
For commercial leases or rent-stabilized tenancies, legal guidance is crucial due to added regulatory layers (e.g., NYC Rent Guidelines Board rules).
6. New York Building Eviction Litigation: Final Notes
Eviction is a legal remedy, not a retaliatory act. It must be approached with full procedural compliance and respect for tenant rights.
Landlords seeking eviction in New York should focus on:
- Timely service of legal notices.
- Maintaining accurate documentation.
- Avoiding prohibited self-help tactics.
By understanding the local laws and court procedures, property owners can reclaim possession lawfully and efficiently.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
