Eviction Process in Queens: How Long Does It Take to Evict a Tenant in NY
Navigating the complexities of eviction law in New York City can be a daunting task for both tenants and landlords. The intricacies of the eviction laws that govern the New York eviction process are designed to balance the rights and responsibilities of all parties, making an understanding of the eviction timeline critical. This timeline not only sets the stage for how eviction proceedings unfold, but also helps to inform your strategy, since this timeline has impacts emotionally and financially. As we answer the question of how long does it take to evict a tenant in NY, we will explore getting into housing court, the effects of eviction on tenants and landlords, highlighting the importance of being well-informed about the process. Additionally, we’ll look at various factors that may influence eviction case timelines, from legal requirements to individual circumstances. We will unpack an eviction proceeding in NYC, providing insight and clarity to one of the most difficult and draining kinds of cases.
The Landlord Tenant Court Hears Both Residential and Commercial Tenant Eviction Cases in NYC
In the five boroughs, the Landlord Tenant Court, which is a civil division within the Civil Court for the City of New York, has jurisdiction over all types of eviction cases. (In Nassau County and Suffolk County, for instance, get filed and heard in the District Court. In other parts of New York State, evictions are handled by a Town or Village Court, also referred to as a Justice Court.) This includes disputes over rent, disputes over any written lease agreement, alleged wrongful eviction, and more. Although New York eviction law tries to make these cases streamlined, each of these kinds of cases have different procedural requirements, so the time for each will differ (and beyond the scope of this article).
Eviction from Residential Rental Property
Since fact patterns for eviction cases vary wildly, we will explore the timing for a landlord to evict a tenant very broadly. In general, there are 2 kinds of eviction cases: a nonpayment case, and a holdover case. A nonpayment case is a case where there is a valid and enforceable lease, and the dispute is strictly about whether the rent due under the lease has been paid. Every other kind of case is a holdover case, including cases involving month to month tenants, as well as alleged breaches of a lease.
Residential Nonpayment Eviction Proceedings
As mentioned above, nonpayment cases are strictly about money. There must be a valid and enforceable lease, and the landlord is alleging that rent has not been paid in accordance with the terms of the lease. Ultimately, if a tenant pays the rent that is outstanding, they have the right to remain within the apartment.
To start a residential nonpayment case, the landlord must first cause to be served a 14 day written notice identifying and demanding the unpaid rent due under the lease. If the tenant pays the rent due, the landlord cannot start an eviction case against the tenant. If the tenant does not pay the rent alleged to be due, then the landlord can proceed with filing a petition for nonpayment.
Once the notice of petition and petition are filed with the court, these documents must be served on the tenant. After these documents are served, the landlord must file an affidavit of service with the court, as well as provide pre-stamped notice postcards, which the court will mail out with a court date and time if and when the tenant files an answer. If the tenant does not file an answer within the time provided under landlord tenant law, the landlord can then move for a default judgment.
Right now in Queens, the first court appearance tends to be scheduled between a month to 2 months from when the case is filed. From there, each adjournment is about one and a half months. Generally, because there’s usually some issue about why rent has not been paid, the first appearance often gets adjourned.
The time it takes for a case to resolve (and how many appearances will be required) really depends on the circumstances of the case, and the parties’ willingness to find a middle ground. Since nonpayment cases are strictly about money more than a lease violation or some other dispute, these kinds of cases typically do proceed faster than holdovers. The courts generally want to start marking a case to be set for trial during the 3rd or 4th appearance, which would mean that from the time the 14 day rent demand notice was served to when the case is being lined up for trial, about 8 months has passed.
Residential Holdover Eviction Proceedings
Because holdover proceedings can be a result of many different issues, it’s much harder to discusses how long it would take to evict a tenant. For purposes of this article, we will look at it through the lens of a landlord trying to evict a tenant because the lease previously ended.
In New York State, before filing a holdover case, a tenant must be served with a predicate notice. The time that must be provided under this notice will depend on how long the tenant has been residing in the rental unit. If the tenant has been living in the apartment for less than one year, a 30 day notice may be served. If the tenant has been residing in the apartment for at least one year but less than 2 years, a 60 day notice may be served. If a tenant has been living in an apartment for 2 years or more, a 90 day notice must be served. Serving the proper notice is critical, because if it’s wrong, a landlord will have to start from the beginning and serve a new notice.
During the first appearance in court, the parties will have a conference with the court attorney. One of the first things that will occur is, if the tenant chooses, a tenant screening to see if they possibly qualify for free legal representation. This will lead to an adjournment of the first appearance. Even if the tenant declines to see if they qualify for free legal assistance, the case will still be adjourned if the parties cannot work out a settlement.
For our example, let’s assume that the landlord could (and does) serve a 30 day eviction notice. After serving the proper notice on the tenant, the landlord will prepare and file the notice of petition and petition with the court. In Queens, it may take up to a month for the court to process the petition and assign a first court date, which will be about a month from the date the petition is processed. The landlord must serve the notice of petition and petition on the tenant no more than 17 days and not less than 10 days before the first court appearance.
Similar to a nonpayment case, the time it takes to resolve a holdover case varies wildly based on the circumstances of the case. If the eviction proceeding is based on there being no lease, such a case may be marked for trial faster (since there are fewer defenses) versus a case based on breach of a lease agreement, or that a landlord accepted payments on behalf of a tenant pursuant to a government emergency rental assistance program. These cases tend to be much more contentious, and more likely headed for a trial. As previously mentioned, the court will start to line a case up as marked for trial around the 3rd or 4th appearance. This would mean that the earliest trial date would be somewhere around 10 months after the 30 day eviction notice was first served in this case.
Eviction from Commercial Rental Property
The eviction proceeding process against a commercial tenant follows a structure similar to a case for a residential rental unit, albeit with a notable difference – they typically proceed at a faster pace. Generally speaking, in the commercial context, the parties are presumed to be informed about the agreements they entered into. Thus, you will often find that parties to a commercial lease agreement have shortened timelines and clear statements of default in their agreements.
Commercial Nonpayment Eviction Proceedings
In New York City, commercial eviction due to nonpayment of rent typically follows a procedure that is heavily influenced by the specific terms of the lease agreement between the landlord and the tenant. Unlike residential evictions, which are subject to strict regulatory guidelines, the commercial eviction process allows for more negotiated terms, and the lease governs the parties’ rights and liabilities. For instance, notice periods for commercial evictions can be shorter than those for residential evictions, as they are determined by the lease rather than by statutory minimums.
When a commercial tenant fails to pay rent, the landlord must first provide a demand for rent or a notice to cure, as stipulated in the lease. If the tenant fails to respond or pay within the time frame specified by the lease, the landlord can then commence eviction proceedings by filing a notice of petition and petition with the housing court and then serving the same on the tenant.
The processing timelines tend to be similar for both kinds of nonpayment cases. Once the landlord serves the notice of petition and petition on the tenant, once the tenant files an answer, the court will mail out a court date, about 1 – 2 months out. If the tenant does not respond to the case, the landlord may seek a default judgment.
Because nonpayment cases are strictly about money, and because the rights of the parties are a little more cut and dry in the commercial case, the judge is usually looking to schedule trial in these cases by the 3rd appearance.
Commercial Holdover Eviction Proceedings
A holdover eviction case for commercial real estate, likewise, moves faster than their residential counterparts. If the eviction lawsuit is based on expiration of a lease agreement, commercial tenants often have little to no defenses, so trial is scheduled rather quickly. If there is a dispute about whether the lease has been terminated (such as based on a lease violation), the court will likely provide the parties with a motion schedule early on to brief the issues and reduce the items requiring trial.
In the case of a commercial holdover case where the lease expired, a 30 day written notice of eviction would be required prior to filing the petition and notice of eviction. As mentioned before, the court can take up a month just to process the petition and assign a first court date, which will be about one month after the date the petition is processed by the landlord tenant court. This means that, even at the short end, it can take about 6 months from the time the eviction notice is served to trial in a holdover case for a commercial rental unit based on an expired lease. Cases that are more fact specific, such as based on an allegation of a lease violation or illegal activity in the rental unit, can often take longer.
Eviction by the Marshal or Sheriff
In New York City, only law enforcement from the office of a marshal or sheriff can carry out the actual eviction. When a landlord obtains a judgment of possession, the court subsequently issues a warrant of eviction, which allows the marshal or sheriff to serve a 14 Day Notice of Eviction, and then carry out the actual eviction. This process can add significant time at the end of the case, and should be something the parties take into account during negotiations in housing court.
Even after a marshal or sheriff serves a notice of eviction, New York eviction law allows a tenant to go back to court to file an order to show cause. An order to show cause can seek any kind of relief, including staying the eviction for a longer period, or even vacating the judgment entered in the eviction lawsuit.
Conclusion
In conclusion, it’s really hard to give a concrete answer to the question how long does it take to evict a tenant in NY, since the process varies wildly across New York State. Additionally, the timeframe to evict a tenant in New York are influenced by a multitude of factors that underscore the complexity and unpredictability of a tenant eviction. The intricacies of the case itself, including the procedural requirements of New York eviction law, play a significant role in determining the timeline. Tenant cooperation or their refusal to vacate can either streamline or extend the process, respectively. Court availability and caseload are critical factors, as congested dockets can significantly delay proceedings, usually by more than a month with each adjournment. The presence and expertise of legal representation can also impact the timeline, potentially expediting the process or causing further delays through legal maneuvering. Together, these elements contribute to the complex landscape of an eviction lawsuit in New York, and moreso in New York City, making it challenging to predict the exact duration of any given case.
Ask any New Yorker and they will tell you that navigating landlord tenant law in New York City can be a complex and time-consuming endeavor, underscoring the importance of enlisting the services of an experienced eviction lawyer. (Commercial tenants and landlords that are corporate entities are required to be represented by a lawyer.). Hiring a lawyer that is familiar with the New York eviction process not only has the potential to get the eviction proceedings to resolution as quickly as possible, but also provides invaluable benefits throughout the process about whether to settle or push for trial.
If you are a New York landlord seeking a reliable eviction lawyer in Queens to recover your rental property, contact the Law Office of Richard Kistnen today. We provide legal representation around the New York eviction process, share legal advice to avoid activity that can constitute a wrongful eviction, and handle everything from service of the proper written notice to having the marshal serve a notice of eviction. Contact the Law Office of Richard Kistnen today by calling (718) 738-2324, or booking your free, no obligation virtual consultation right now by clicking here.