It can be frustrating for a landlord when a tenant fails to pay rent on time. A landlord may not be able to pay the mortgage, pay utilities or the property taxes. When this occurs many landlords are tempted to turn off the utilities or lock the tenant out in an effort to force the tenant to move out. These efforts are commonly refered to as "self help" and can lead to significant civil and criminal consequences. The only person who can forcibly remove a tenant from a property is the Sherrif with a court ordered warrant of eviction.
New York Law provides for a summary proceeding that allows landlords to quickly evict tenants who fail to pay rent. These proceedings take place in your local justice court. After a successful eviction proceeding, the Judge will sign a warrant of eviction and a judgment for any rent that is owed. Once you have a warrant of eviction, you can present it to the local Sherrif's office who will schedule an eviction.
Although this process takes some time and some money to complete, it ensures that you have lawfully evicted a tenant. In contrast, New York Law provides for criminal and civil penalities if a landlord unlawfully removes a tenant. For example, the Real Property Actions and Proceedings Law provides that a tenant may be awarded treble (triple) damages. Damages can quickly escalate to the point that they far exceed the rent owed and you end up owing the tenant money rather than the otherway around.
If you need to evict a tenant for non-payment of rent, contact competent legal counsel to guide you through the process.
This blog is not intended as legal advice and does not establish an attorney client relationship. If you wish to speak with Elizabeth Cassidy on a specific legal matter, please contact her at 845-981-7223.
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