Cut number in the Eviction Notice

Aug 6th, 2022
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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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A Three-Day Notice is the most common and quickest way to initiate the eviction process if the tenant is deliquent in paying the rent. The majority of Evictions, called Unlawful Detainer cases are for nonpayment of rent.
Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
A landlord cannot evict tenants or remove their belongings from a rental home without first getting a judgment for possession and then a warrant of removal from the court. Only a special civil part officer can perform the eviction on behalf of a landlord.
If the judge decides you have to move The court will give the landlord a Judgment of Possession (form UD-110). This gives the landlord control (possession) of the property. Then, the landlord will fill it out and have the court clerk issue a Writ of Execution (form EJ-130). They take the Writ to the sheriffs office.
The maximum penalty for illegal evictions under NY Code 26-251 is 1 year in prison and a fine of $1000.00 or double the gain from the crime, whichever is greater. An additional civil penalty of between $1000.00 and $10,000.00 may be imposed.
The Notice of Eviction gives you at least 14 days notice. So, the eviction can be scheduled any time after 14 days.
Call 911 to report commercial or residential landlords who lock out tenants, or who willfully deprive them of essential services such as electricity, heat, or water. Only a City Marshal or Sheriff is allowed to carry out a Warrant of Eviction. Need something else?
How long does it take to evict a tenant in NYC? The average amount of times it takes to evict a tenant in NYC is about three months, though in some cases it may take six months or longer.

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