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Summary eviction is a legal process of removing a person from a rental property or land without a full trial. It is a simplified procedure that does not require formalities of a full trial. For example, if a tenant fails to pay rent, the landlord can file for a summary eviction to remove the tenant from the property.
A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The moving party claims that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.
An eviction notice must first be served properly and the tenant must have failed to comply, pay, or vacate within the specified timeframe. This must happen before the landlord can begin the eviction court process by serving you an unlawful detainer eviction lawsuit, called a Summons Complaint.
A summary proceeding is an expedited process through which a landlord may evict a tenant. In New York, summary proceedings are governed by strict statutory guidelines that concern, among other things, notice, service, and the right to a jury trial.
Summary eviction is the process landlords most frequently use because it is faster and simpler than the formal eviction process. (For an overview of both processes, click to visit Overview of the Eviction Process.) However, there are circumstances in which summary eviction cannot be used.
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2024 Good Cause Eviction Law Under this law, landlords cannot evict tenants without a valid reason (good cause) and tenants can challenge unreasonable rent increases in Housing Court if they are evicted for nonpayment of rent.
In a summary process case, the landlord can sue the tenant for unpaid rent, even if the tenancy was ended for a reason other than not paying rent. The summons and complaint form includes a section for the landlord to specify the rent thats owed.

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