Trying to evict a tenant in NYC

Trying to evict a tenant in NYC

Hi all,

I need some advice, I am currently owed 3 months of back rent. The tenant has already been served and the petition has been given to the marshal's office.

What are my options as a landlord in NY state? Do I wait it out?

Can the tenant ask for an extension once the marshal give them the notice of eviction? If so, how long can the extension be?


Petition Served

I think that is a question for a lawyer in NY since laws vary state to state. In AZ, once the petition is served they are given notice of eviction and if they don't leave on their own, the sheriff physically locks them out. It must be done by the laws of your state. Usually the landlord doesn't do it.

I believe they would have to go to court to try and get an extension. If the eviction was done with a legal reason and done correctly according to the law, they probably don't have much of a case.

Follow Through With Evictions

Through the years I have been a landlord, I have had the opportunity to talk to other landlords. I have come to understand that a couple of things good landlords do is maintain their property and move quickly when they have a bad renter. Often times those that are rough on a property also do not pay on time on a regular basis. This does not apply to good people who are struggling and that you can work with.

Often times a new landlord gets nervous and will not complete the eviction process. I have even heard of people paying a tenant, who has damaged a property or who has not paid, to leave.

Use the courts. I agree some states have laws that are harder on a landlord than others, but get legal evictions. Do not be extorted. Turn judgements over to a collection agency. If your application has the tenant's Social Security Number a good agency will find the deadbeat. You will feel better about yourself and not feel like you were jerked around.


Roy Voeks
Official RE Coach

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