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You must start what's known as an ejectment action in Supreme Court or County Court. This is done after a six-month notice is prepared and served on the child. The procedures depend on what the actual circumstances are, so you should consult with an attorney before trying to evict a child.
An action in ejectment is a way for an owner to obtain possession of an apartment. This action is different from a holdover proceeding. An action in ejectment is started in either Civil or Supreme Court, and a holdover proceeding is started in the Housing Court.
Both actions are intended to legally remove occupants from a property. The trials for each type of legal action take place in different courts. Eviction cases are held in a landlord-tenant court, while ejectment cases are usually held in a circuit court.
New York Eviction Process Timeline Notice Received by TenantsAverage TimelineInitial Notice Period14-90 daysIssuance and Posting of Summons and Complaint AND Court Hearing and Ruling on the Eviction10-17 daysPosting of Writ of ExecutionA few hours to a few daysReturn of Possession10 days to 1 year1 more row ?
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.