If You Need to Evict a Tenant

October 31, 2012 | Blog

Tenant eviction is an unpleasant matter, but sometimes it becomes necessary if the occupier either fails to pay rent or abide by rules of the lease. If a landlord does not proceed with care and follow proper procedures, he may find himself in legal difficulties, so it is important to consult with a Fairfield County real estate lawyer if you plan to proceed with an eviction.

The Process

Your Fairfield County real estate lawyer can help you prepare the necessary legal documents and the process of eviction. New York law requires that you sue in court to evict the tenant.

Your lawyer will begin by preparing the petition to request a court hearing. This must be filed with the court and served on the tenant. For individuals who will be evicted for failure to pay rent, you will bring a summary non-payment in court. If the nature of the eviction is some violation of the lease agreement, you will bring a summary holdover against the tenant.

Once you win the case, the court will issue a Warrant of Eviction, which can only be carried out by an officer—the sheriff, constable, or marshal. If the tenant resists eviction, you are not allowed to remove his personal belongings or shut off essential services such as water or power to force him to do so. Leave the matter to the law.

Legal Implications for Failing to Follow the Process

Some landlords, perhaps out of frustration or ignorance of the law, attempt to forcibly remove tenants from a property. New York law provides tenants with certain rights and due process, however, and any such attempt can lead to civil and/or criminal penalties for the landlord.


If you need assistance with an eviction or other legal matter, call a Fairfield County real estate lawyer today: Mitchell Baker can be reached at (914) 681-9500.