If a tenant does not pay the rent in New York, as in many other states, you are not allowed to lock her out. Generally, a landlord is not allowed to use “self help” to evict a tenant — you may not lock out, throw out, cut off utilities, or take the law into your own hands in any way. You must use the judicial process, and depending on the matter, that process may proceed through Housing Court or, for ejectment proceedings involving both residential and commercial clients, through Supreme Court. Golding & Associates represents both landlords and tenants in these matters, guiding clients through the proper legal process from start to finish.

The Eviction Process in General:

Serve a proper notice on the tenant — Unless a tenant refuses to leave after a fixed-term lease expires, you must begin the eviction process by serving the tenant with a notice. Recent updates to New York law have changed these notice requirements: under the 2019 Housing Stability and Tenant Protection Act (HSTPA), a nonpayment proceeding now requires a 14 day notice demanding payment of rent before a case can be filed (RPAPL § 711(2)), while a holdover proceeding requires a 30, 60, or 90 day notice, depending on how long the tenant has occupied the unit — less than one year, one to two years, or more than two years, respectively (RPL § 226-c). In addition, under the 2024 Good Cause Eviction Law (RPL § 216, RPL § 231-c), covered tenants are now entitled to a Good Cause notice, which must state whether the tenancy is subject to the law and, where applicable, provide the specific grounds for eviction or non-renewal. Often the notice must also give the tenant a chance to remedy the problem instead of vacating.

File a proper lawsuit against the tenant -When evicting a tenant, if the notice period expires and the tenant has not done what the notice required, the landlord may file a lawsuit to evict — commonly a nonpayment or holdover proceeding in Housing Court, or, where Housing Court lacks jurisdiction, an ejectment action in Supreme Court. Since the suit seeks to remove the tenant from her home, and eviction suits are given special calendar priority, the law requires landlords to strictly comply with all technical legal requirements, including the current notice rules described above. It is very easy for someone who is not a lawyer to make mistakes in these proceedings, which can result in dismissal or even a judgment against the landlord for the tenant’s costs and attorneys’ fees. If you want to evict a tenant, or if you are a tenant facing eviction, see a lawyer who specializes in these cases.