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Old 12-12-2009, 06:09 AM
 
7,081 posts, read 23,301,324 times
Reputation: 3609
Please keep the thread on topic.

Thank you.
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Old 08-30-2010, 02:10 PM
 
1 posts, read 6,595 times
Reputation: 10
i have been in court since november trying to evict my tenants they have gone to court four times and have gotten order to show cause.they r suppose to leave tommorow by twelve midnight.if they dont leave how long does it take for the marshall to come.
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Old 04-11-2011, 07:19 PM
 
28 posts, read 35,379 times
Reputation: 17
Could you please recommend your attorney? Thanks a lot.
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Old 04-12-2011, 03:09 AM
 
Location: NY,NY
2,901 posts, read 4,120,956 times
Reputation: 1827
Quote:
Originally Posted by illegaltenant View Post
Hi,

How long does it take to evict a non paying tenant in NYC? My attorney already served the notice to quit and the 10 day notice for an answer by the tenant. The tenant responded and the court date is about a month from now. What are some possible defenses the tenant can use in court to stay longer? Do you think it will take 6 months to get them out? Thank you so much
First of all, WHY are you asking these questions HERE?

You've, apparently, paid and have an attorney. What do you think he's for?

Before you retained your attorney, you should have asked and he should have answered to your satisfaction EVERY question regarding the issue which you have---PERIOD! Why do you think these people know more than your attorney?

Your attorney s/h outlined and explained the process A to Z. Call him up, make an appointment, and get what you paid for. If he can't answer your questions, or doesn't have the time---find another attorney!

Anyway, in any attempt to provide you with realistic information, you'll need to provide more specific facts regarding the circumstance with your tenant.

That said, an eviction proceeding can take any length of time, from a few weeks, to months, to years. Its dependant upon the facts of the case (which you have not provided), the validity of the tenant's defense/claims, the ability/capability of the tenant to pay/mount a defense, as well as, the skill, knowledge and experience of the attorney(s) involved.

The first thing YOU and/or your attorny must do is to 'Perfect', 'Properly 'Serve' and 'File', the proper papers upon your tenant and subsequently in Court.

Screw up one iota of the process, make a single error in preparing your papers, fail to serve them according to the letter of the law, and I could have you running around in circles forever! Causing you to start over and over and over. Never ever getting to the merits of the case.

That's just a for instance.

Fortunately, for you, most tenants and many lawyers don't know how to work the above. Unfortunately, for you, even the most clueless tenant knows how to say, "I never got the papers.". In which case, YOU/your attorney will have to provide proof that a) all the Notices were given, and b) that the tenant was Served properly as the law requires. This is just the beginning, and dumb LLs, incompetent lawyers, lazy lawyers, and lazy Process Servers screw up ALL the time.

If there is the slightest question with regard to a) or b), a judge can dismiss the case and you'll have to start all over again. This is what happens when a LL hires his Uncle Joe, the ignorant and inexperienced lawyer; while the tenant drops less than a month's rent and pays Mr. Knows what He's Doing attorney. The first mistake most LL-Petitioners make is to hire an incompetent attorney, or go the DIY route. Landlord-Tenant court is not for novices.

Additionally, there varying 'tactics' that both a LL and a Tenant may utilize to acomplish varying goals.

****

OP, I glean from your post that the apartment is not rent stabilized and the building is not a multi unit, correct?

Also, that you are most interested in getting the tenant out, than in recovering rent owed, correct?

IF the info in your post is correct, then your attorney is NOT attempting a 'non-payment' proceeding. Which requires different Notices. Perhaps you and he have decided on a different 'tactic'. In any event, study the below links:

Non-payment Proceeding: NYC Housing Court

Holdover Proceeding: NYC Housing Court
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Old 04-12-2011, 06:47 AM
 
982 posts, read 2,144,806 times
Reputation: 414
Quote:
Originally Posted by jcoltrane View Post
First of all, WHY are you asking these questions HERE?

You've, apparently, paid and have an attorney. What do you think he's for?

Before you retained your attorney, you should have asked and he should have answered to your satisfaction EVERY question regarding the issue which you have---PERIOD! Why do you think these people know more than your attorney?

Your attorney s/h outlined and explained the process A to Z. Call him up, make an appointment, and get what you paid for. If he can't answer your questions, or doesn't have the time---find another attorney!

Anyway, in any attempt to provide you with realistic information, you'll need to provide more specific facts regarding the circumstance with your tenant.

That said, an eviction proceeding can take any length of time, from a few weeks, to months, to years. Its dependant upon the facts of the case (which you have not provided), the validity of the tenant's defense/claims, the ability/capability of the tenant to pay/mount a defense, as well as, the skill, knowledge and experience of the attorney(s) involved.

The first thing YOU and/or your attorny must do is to 'Perfect', 'Properly 'Serve' and 'File', the proper papers upon your tenant and subsequently in Court.

Screw up one iota of the process, make a single error in preparing your papers, fail to serve them according to the letter of the law, and I could have you running around in circles forever! Causing you to start over and over and over. Never ever getting to the merits of the case.

That's just a for instance.

Fortunately, for you, most tenants and many lawyers don't know how to work the above. Unfortunately, for you, even the most clueless tenant knows how to say, "I never got the papers.". In which case, YOU/your attorney will have to provide proof that a) all the Notices were given, and b) that the tenant was Served properly as the law requires. This is just the beginning, and dumb LLs, incompetent lawyers, lazy lawyers, and lazy Process Servers screw up ALL the time.

If there is the slightest question with regard to a) or b), a judge can dismiss the case and you'll have to start all over again. This is what happens when a LL hires his Uncle Joe, the ignorant and inexperienced lawyer; while the tenant drops less than a month's rent and pays Mr. Knows what He's Doing attorney. The first mistake most LL-Petitioners make is to hire an incompetent attorney, or go the DIY route. Landlord-Tenant court is not for novices.

Additionally, there varying 'tactics' that both a LL and a Tenant may utilize to acomplish varying goals.

****

OP, I glean from your post that the apartment is not rent stabilized and the building is not a multi unit, correct?

Also, that you are most interested in getting the tenant out, than in recovering rent owed, correct?

IF the info in your post is correct, then your attorney is NOT attempting a 'non-payment' proceeding. Which requires different Notices. Perhaps you and he have decided on a different 'tactic'. In any event, study the below links:

Non-payment Proceeding: NYC Housing Court

Holdover Proceeding: NYC Housing Court
Step away from the keyboard dude.
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Old 04-13-2011, 07:04 AM
 
Location: NY,NY
2,901 posts, read 4,120,956 times
Reputation: 1827
Hard to do when its your living and type better than 100 wpm.

Besides accurate information with depth s/b the standard, rather than the spouting of useless nonsense.

Got a problem with my advice?
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Old 06-08-2011, 06:30 AM
 
1 posts, read 5,920 times
Reputation: 10
Do you mind giving me the attorney you used, I need to start eviction process for a teneant who hasnt paid rent in 2 years
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Old 06-08-2011, 06:56 AM
 
982 posts, read 2,144,806 times
Reputation: 414
Quote:
Originally Posted by ladyx0831 View Post
Do you mind giving me the attorney you used, I need to start eviction process for a teneant who hasnt paid rent in 2 years
Most of these attorneys operate in specific boroughs, not City wide. Secondly, starting a new thread will always garner more responses. Wading through old, embarrassing and useless information to find out why someone has resurrected an old thread is time consuming.
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Old 06-08-2011, 07:25 AM
 
Location: Bronx NY
344 posts, read 448,252 times
Reputation: 145
I knew a lady who stayed for 13 months going back and forth to court. She called inspectors ad did all kinds of stuff. NY is very pro tenant.
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Old 06-11-2011, 07:25 AM
 
Location: Manhattan
10,581 posts, read 9,017,907 times
Reputation: 4311
Have you ever tried to get your rent rolled back to the LEGAL rent when a typical landlord tried to subvert the law by overcharging a new tenant. Try keeping track of how long it takes to get your rent set at the legal amount.

With rents probably higher than any major city in the United States, landlords are HARDLY being abused...as the Lefraks, the Zuckermans, the Trumps or the Relateds (whoever they are.) For every abused landlord there are MANY abused tenants suffereing at the hands of a slumlord. Owning and renting out New York hass been the path to immense riches for many New Yorkers.

So no boo-hoo for the long-suffering, impoverished landlords of New York. They all have an easy out: SELL and take your profit.
(And then RENT and see what dealing with a slimy landlord is like.)

So if you want to be a landlord, BE a landlord but then don't whine about it.
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