Jury Trial For Eviction In Bronx
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For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
Bring the notice and any other papers that you have received from your landlord, including any rent receipts, to the court. To find out where to go in your county to try to stop or delay your eviction, refer to Locations. At the courthouse you will fill out an affidavit in support of an Order to Show Cause.
Under the new Good Cause Eviction law, New Yorkers have the right to continue living in their homes without fear of unreasonable eviction or extreme rent increases. In many situations, tenants of market rate housing will now be covered by more expansive protections. Read below for details.
If the landlord simply doesn't show up AND doesn't send a representative, then unless he has made arrangements with the court due to some extreme issue (such as being hospitalized) the case is normally dismissed. In an extreme circumstance, the case might be rescheduled.
Eviction Proceedings The tenant must answer the petition in person at the Housing Court Clerk's office. The Clerk will then provide a court date to the tenant. On the court date, the tenant has an opportunity to present his or her defense to a Housing Court Judge.