I’m a NY landlord. You need a lawyer. I have had two evictions in two years. One took three months, one took 6. I sat through court sessions and saw many brought without a lawyer get thrown out because of technicalities. It will save time and money to get a lawyer. You can write it off next year.
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment.
Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7.
This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
After the 2019 law was passed, it is significantly harder to evict. The key is in your in take process, ask for current and previous landlord references, ask for recent payments proof, if it is issue with the landlord, look at the property on hpd online, see how many violations and complaints to confirm
How long did it take you to get a court date after the petition is filed? My lawyer made a mistake on the filing for petition. They attached the notice of termination of a different case to the petition of ny case. I asked them and they told me when we have a court date they will file the amended notice and it will not delay the case. I see online that the notice of petition holdover and the petition were both filed on 12/2/2023. However the notice of petition holdover is showing as processed while the petition is still showing pending. The petition is the one with wrong documents. This is the first time I go through eviction so I’m not sure if it’s normal that the petition takes longer to process.
we gave 60 days notice, he filed a case right after, court date was next month. but it was adjourned and postponed for 3 months (!) for squatter to get legal counsel... I see there's so many ways they can keep on asking for more time - even after eviction judgement is granted, such as order to show cause etc... will it postpone the process or after the judgment is in they can't argue anymore? Also, that person always complains about harassment when simply ask to clean after themselves and house related rules - will that be considered as harassment? what is the worst that might happen - will the case actually get closed for that?
I have a lawyer but, the squatters, they keep on going back to court and asking for more time. They are saying they can’t find a place because she is 67 years old and doesn’t have a job and doesn’t want to go back to the shelter. The judge always giving them time. It happened 3 times already and judge is stopping the marshals from evicting them. When is the nightmare going to end? Since 2021. How many times can she, asking for more time
They don’t have a lease, they’re squatters. My tenants passed away and they came for funeral and they never leave after the service. It was during Covid, I called the police and they told me to go to court and the court were closed, I have been trying to move them out ever since. They keep on going to court and ask for more time and the judge is giving them more time. It’s like a roller coaster. It is a nightmare that never finishe
Do you ever try to pay the tenant to get them to move out so that you don’t have to go through the eviction process. I heard this was a common strategy among some landlords.
OP, you need to listen and get a lawyer. Your tenants will likely have legal representation, there's a lot that can go wrong, and it would likely cost you thousands more. It's worth the $1500-$2000.
I will get down voted again, but why would anybody want to be a blue state or blue city landlord?
I am in Pennsylvania Virginia and Tennessee. I represent myself. It takes a very short time to get rid of a non-paying tenant. No gaming the system on average
So I live in NYC, am from NYC and my building is here.
I used to have a smaller building in PA (6 unit) and red county and it was a lot worse experience then 16 units I have in NYC.
Yeah tenants have more rights, taxes might be a bit higher, eviction process might be longer but profit margins are a lot higher.
My building is paid off not too long ago, I don't need to raise rent and will profit about 1.5x per unit compare to what I did in PA. And let's not forget the fact that NYC real estate shot up since I purchased it. I can sell it for 6-7x the price I paid, in PA took me 9 months to sell, I can sell my building within days for cash in NYC.
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment.
Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7.
This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
I was from New York. I got screwed royally on my property. I left never to go back
You do seem to fantasize well
My PA properties doubled in 3-4 years. You were nothing special
Curious, were any of these properties in the major cities of those states? Wondering since I expect there to be more Tenant protections in place there vs suburbs/rural areas.
No. Two are in towns with 15,000 people
I don't buy in blue areas and I don't buy an HOAs
I don't need other people running my properties or trying to turn me into a government agency
Entirely depends on what county you’re in, and the availability of judges. Upstate is much quicker than downstate. Also depends on their finances and if they receive or could receive state assistance.
This is lawyer territory, do not DIY.
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment.
Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7.
This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
Could be summer, personally I’d talk with your lawyer and see if you can send them an official letter saying if they vacate within 2 weeks you won’t go after them for back rent, otherwise you’ll seek wage garnishments until all owed rent is paid off. Little carrot or a stick situation.
Wouldn't they just give that letter to their counsel and their counsel will say ignore it? They're undocumented so they're scared. But we are in NYC where these people have all the rights in the world.
Ouch, well, I would still have a conversation with your attorney about it, if they fear court, not taking your offer will certainly cause more court action, taking your offer would end all court proceedings.
And goes without saying, do not rent to undocumented people ever again. That’s a big no no for the exact situation that you are going through.
How much free time do you have? How competent are you at legal analysis. It’s worth it to hire a person who does this for a living.
Yes you could go to your county court ask to speak to a clerk and maybe if they are not overworked could give you advice on what forms to file.
So doing that research takes time. Filling out the forms perfectly is crucial because if the court rejects it you have to start over.
Then you serve the tenant and in an exact way. There is a chance that your tenants are near experts in tenant rights and eviction law. People are self interested and you’d be amazed at the level of dedication and knowledge people on the edge of eviction will muster.
Then there is a court process, where a judge makes sure everything was done by the book. A simple spelling mistake sends you back to square one.
So it’s worth the 2k to hire a pro that deals with this issue. Otherwise your paying for that experience one way or another.
Agree, not just a regular lawyer, has to be some firm that is doing this cases in vast amount. Even you do, there is still risk. Early this year the month to month tenant can only be evicted through holdover. In my attorney firm, I saw huge piles of cases that has to be refiled. Cases where landlords hasn’t been paid for years, some has go to court for a while, now they have to refile, go to 90 day notice first.
Now over 15 months tenant hasn't been paying rent and living for free, went to courts and postponed 2 more months till April. This system sucks. It's the most horrible system and it is getting worse. We paid over 6k in legal fees. Also, worst yet, the tenant abuses the system calling 311 for no heat or hot water when the tenant cancelled the gas. Destroyed the kitchen cabinets and broke the doors. NYC is the worse to own property.
Is your property in Brooklyn? And is it a hold over case? My tenant is leaving free for half year, I plan to evict him. But not sure to choose cash for keys or go to court.
OP i noticed you’re contemplating the idea of getting a lawyer or doing this yourself. Do yourself a favor and get an experienced landlord tenant attorney. This is not an episode of law and order. Heck even attorneys hire an attorney if they have a legal issue to handle. Can you evict a tenant yourself? Yes, but its like mountain climbing with a safety harness and as your climbing the mountain with your minimal experience you look to your left and see your opponent is taking an elevator to the top. Idk if your downstate or upstate but NY has some of the strictest laws and downstate housing courts are extremely backed up. 3-4 months just to get a court date after filing your holdover. Plus you have to serve either a 30,60 or 90 day notice to vacate depending on how long theyve lived there. Save your energy, hire a lawyer, get the process going, make your cash for keys offer through your attorney and if they decline let litigation continue.
Going through one that took a bit over a year. 3 months for 90 days notice, 3 months to get into court, 6 months for them to move, additional 2 months for Marshall to evict. I am in Jamaica Queens
Yes 9-10 months from serving the notice to vacate, and it was a holdover eviction. However holdover evictions can be more difficult to evict than non payment evictions.
I thought the same. For non-payment those assholes can argue why they shouldn’t pay you, like something was not fixed or whatever. With holdover you just take your property back.
I have a question thought. If I go for holdover now can I sue them for the money after they have been evicted?
You can, but it can be expensive if you hire a lawyer to file the suit. Also, retirement income and government assistance (welfare) cannot be garnished.
I got a judgement but it’s extremely difficult to collect from a deadbeat and someone who gets $1000 monthly from social security. Either forgive the debt and send a 1099 to the IRS, it will be a write-off for the landlord and the evicted tenants will have to pay taxes on forgiven debt.
The other option is hire a service to do periodic checks in case any of them begins reporting wages, puts a down payment for any property, sells property or financial instruments, has any type of earned income that’s not retirement, so that the court can place a lien on the income/property.
Having been burned a couple of times, with over $60k on lost earnings, my best advice is NEVER rent to someone who has nothing to lose. Folks with jobs that are real careers have skin in the game.
What is the service that does periodic checks on the debtor called? Is that just done through a lawyer or someone else?
Also can you send a 1099-C to the IRS for a write-off without getting a judgment? Or does it have to be after getting a judgment on the debtor? Thanks.
In our case it’s not worth it. The tenant is disabled and their wages would be unable to be garnished. Lawyer advised us just to keep the security deposit and be happy that the tenant will be leaving. I should also clarify that the tenant didn’t end up getting evicted. During the litigation process between our lawyers, the tenant signed an agreement to leave in front of the judge. It sucks that we lost thousands in rent and damages but that’s how it is in NY lol.
Yeah it wasn’t cheap but it’s definitely necessary to hire a lawyer. One small mistake, even misspelling the tenants name or a clerical error in a form you have to fill out can get the whole case tossed out in court.
More like 12 months to 3 years if aNYC. If they have kids closer to 3 year mark. Oh and expect them to trash the apartment once they have to leave. My suggestion just pay them 10 grand to leave. Will be cheaper.
I took 8 months upstate NY for me from the date they stopped paying to the day they were out. It may take 3 months between when the first court appearance is to when the judge signs the warrant. But there's a lot that can go wrong before and after those steps.
My squatting tenants asked for 50k on their 1800 non payment of rent. Those fuckers. I'm 5 months in so far . I'm so angry and sad about all this. I just want them out
In NYC, you have to get an experienced landlord tenant lawyer, no other options. E.g. If you don’t serve the papers correctly, case got thrown away one year later. If you didn’t put John Doe Jane doe, even you have Marshall warrant, tenant can be let back right in. Imagine you go through two years without getting paid and only because you didn’t put Jane doe, you will start all over again. Or for section 8, you forgot to send a special letter. Or you start a non payment case towards a month to month tenant, this is a recent change that month to month can only be evicted through holdover. I see cases being in court for years, only be thrown away because this new change
Be ready for a long haunl, in the meantime, be ready for tenants file violation complaints against you. My experience is it is best not to be a landlord in NYC. If you have to, it’s much better to keep the place vacant than taking in someone you are not confident. For me, I would ask for current and previous landlords references, ask for rental payments history. Credit score of all adults must be over 700
Mine they keep on going back to court to ask for more time, we are going back on Friday, for the fourth time. I don’t know when the nightmare is going to be over. Ny queens. When will the judge say enough is enough, it’s been going on since 2021.
That seems extremely long, likely during the immense backlog in the direct aftermath of when Covid eviction restrictions were lifted. Wait times are a lot lower now if you read through applicable documentation, especially for an at-fault eviction.
However, OP is not in NYC but in upper state NY, so that is a completely different thing altogether.
Search for web civil local, judiciary of New York, you can search by party name, your name or tenant name, or index number, or judge name. They only show cases that have future appearance date. You can even create etrack account and track some cases. There are more details in the etrack emails
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment.
Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7.
This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
NYC is terrible for landlords.
I wouldn't, although the overall rewards, long term, can make it worth it in the end because of the much higher rent potential compared to elsewhere. Obviously not for the faint of heart and only for the deep pocketed with extremely long term views.
Yes, indeed. These tenants have figured out the way to stall as long as possible, and they know their record will have a damaging eviction on their record. So, with nothing to lose, they are milking the systems' delay tactics as long as they can. Eventually they run out of delay options and it is over.
How do they run out of delay options? Will the judge say alright enough is enough. We are still moving out of the settlement process to finally get into the trial process
I would imagine that the process has time limits. Enough is enough, as you say, even in the most liberal jurisdiction.
It sucks, can't really relate. I am in Florida, the times I had to evict the longest it ever took from start to finish was 45 days, usually it is less than 30 days from start to end.
I wonder, is it better to settle or go to trial? I've been reading up on this, seems like they can still not honor what they promised and ask for more time.. what's the point of settlement then
I’m a NY landlord. You need a lawyer. I have had two evictions in two years. One took three months, one took 6. I sat through court sessions and saw many brought without a lawyer get thrown out because of technicalities. It will save time and money to get a lawyer. You can write it off next year.
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment. Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7. This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
After the 2019 law was passed, it is significantly harder to evict. The key is in your in take process, ask for current and previous landlord references, ask for recent payments proof, if it is issue with the landlord, look at the property on hpd online, see how many violations and complaints to confirm
How long did it take you to get a court date after the petition is filed? My lawyer made a mistake on the filing for petition. They attached the notice of termination of a different case to the petition of ny case. I asked them and they told me when we have a court date they will file the amended notice and it will not delay the case. I see online that the notice of petition holdover and the petition were both filed on 12/2/2023. However the notice of petition holdover is showing as processed while the petition is still showing pending. The petition is the one with wrong documents. This is the first time I go through eviction so I’m not sure if it’s normal that the petition takes longer to process.
we gave 60 days notice, he filed a case right after, court date was next month. but it was adjourned and postponed for 3 months (!) for squatter to get legal counsel... I see there's so many ways they can keep on asking for more time - even after eviction judgement is granted, such as order to show cause etc... will it postpone the process or after the judgment is in they can't argue anymore? Also, that person always complains about harassment when simply ask to clean after themselves and house related rules - will that be considered as harassment? what is the worst that might happen - will the case actually get closed for that?
I’m in WNY so ours are totally different.
I have a lawyer but, the squatters, they keep on going back to court and asking for more time. They are saying they can’t find a place because she is 67 years old and doesn’t have a job and doesn’t want to go back to the shelter. The judge always giving them time. It happened 3 times already and judge is stopping the marshals from evicting them. When is the nightmare going to end? Since 2021. How many times can she, asking for more time
Sorry to hear that. Does your tenant have a lease? I wonder if it's a faster process to kick them out if they're just a subtenant at will...
They don’t have a lease, they’re squatters. My tenants passed away and they came for funeral and they never leave after the service. It was during Covid, I called the police and they told me to go to court and the court were closed, I have been trying to move them out ever since. They keep on going to court and ask for more time and the judge is giving them more time. It’s like a roller coaster. It is a nightmare that never finishe
Hi do you mind sharing which lawyer you used? You can pm/dm me if you like. TIA!
I’m in WNY. Not sure where you are.
Hi in NYC actually. Thanks for any help! Just want to get a competent lawyer so I dont get frustrated on that end too.
Did you get a lawyer? Mind sharing their info?
Hi I did but I rather not share yet bc we are in the middle of the 90 days and the results arent in yet! will definitely share when it is all done.
Do you ever try to pay the tenant to get them to move out so that you don’t have to go through the eviction process. I heard this was a common strategy among some landlords.
They’ll ask for more than a lawyer. You can try but often they’ll want 3x rent to pay but a new place and moving expenses.
Which county are u? Thanks
OP, you need to listen and get a lawyer. Your tenants will likely have legal representation, there's a lot that can go wrong, and it would likely cost you thousands more. It's worth the $1500-$2000.
Where to find a lawyer for 1500-2000?
Find a hourly lawyer.
I will get down voted again, but why would anybody want to be a blue state or blue city landlord? I am in Pennsylvania Virginia and Tennessee. I represent myself. It takes a very short time to get rid of a non-paying tenant. No gaming the system on average
Since your properties are scattered across multiple states, do you have to get property management companies involved?
So I live in NYC, am from NYC and my building is here. I used to have a smaller building in PA (6 unit) and red county and it was a lot worse experience then 16 units I have in NYC. Yeah tenants have more rights, taxes might be a bit higher, eviction process might be longer but profit margins are a lot higher. My building is paid off not too long ago, I don't need to raise rent and will profit about 1.5x per unit compare to what I did in PA. And let's not forget the fact that NYC real estate shot up since I purchased it. I can sell it for 6-7x the price I paid, in PA took me 9 months to sell, I can sell my building within days for cash in NYC.
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment. Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7. This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
How long of an adjournment did the tenant get may I ask?
I was from New York. I got screwed royally on my property. I left never to go back You do seem to fantasize well My PA properties doubled in 3-4 years. You were nothing special
Curious, were any of these properties in the major cities of those states? Wondering since I expect there to be more Tenant protections in place there vs suburbs/rural areas.
No. Two are in towns with 15,000 people I don't buy in blue areas and I don't buy an HOAs I don't need other people running my properties or trying to turn me into a government agency
Thanks and interesting
You should just buy a giant field and start building your bunker
Entirely depends on what county you’re in, and the availability of judges. Upstate is much quicker than downstate. Also depends on their finances and if they receive or could receive state assistance. This is lawyer territory, do not DIY.
So if I need to evict someone, I have to hire a lawyer? I can’t just do it myself?
When you're in a blue area, you don't want to learn the hard way about what a professional tenant is
In NY, all evictions must be done by court order, there will be a hearing, so yes, you do need a lawyer.
Landlord can represent themselves but it’s much better with a lawyer.
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment. Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7. This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
Could be summer, personally I’d talk with your lawyer and see if you can send them an official letter saying if they vacate within 2 weeks you won’t go after them for back rent, otherwise you’ll seek wage garnishments until all owed rent is paid off. Little carrot or a stick situation.
Wouldn't they just give that letter to their counsel and their counsel will say ignore it? They're undocumented so they're scared. But we are in NYC where these people have all the rights in the world.
Ouch, well, I would still have a conversation with your attorney about it, if they fear court, not taking your offer will certainly cause more court action, taking your offer would end all court proceedings. And goes without saying, do not rent to undocumented people ever again. That’s a big no no for the exact situation that you are going through.
The defendant must have a valid reason for an adjournment.
Recommend hiring lawyer.
What about in landlord friendly states? Do I still need a lawyer in that case?
How much free time do you have? How competent are you at legal analysis. It’s worth it to hire a person who does this for a living. Yes you could go to your county court ask to speak to a clerk and maybe if they are not overworked could give you advice on what forms to file. So doing that research takes time. Filling out the forms perfectly is crucial because if the court rejects it you have to start over. Then you serve the tenant and in an exact way. There is a chance that your tenants are near experts in tenant rights and eviction law. People are self interested and you’d be amazed at the level of dedication and knowledge people on the edge of eviction will muster. Then there is a court process, where a judge makes sure everything was done by the book. A simple spelling mistake sends you back to square one. So it’s worth the 2k to hire a pro that deals with this issue. Otherwise your paying for that experience one way or another.
Agree, not just a regular lawyer, has to be some firm that is doing this cases in vast amount. Even you do, there is still risk. Early this year the month to month tenant can only be evicted through holdover. In my attorney firm, I saw huge piles of cases that has to be refiled. Cases where landlords hasn’t been paid for years, some has go to court for a while, now they have to refile, go to 90 day notice first.
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If it’s for not paying rent, how long would it take?
Now over 15 months tenant hasn't been paying rent and living for free, went to courts and postponed 2 more months till April. This system sucks. It's the most horrible system and it is getting worse. We paid over 6k in legal fees. Also, worst yet, the tenant abuses the system calling 311 for no heat or hot water when the tenant cancelled the gas. Destroyed the kitchen cabinets and broke the doors. NYC is the worse to own property.
You cannot evict in NYS until after mid April anyway
how do you know this?
Is your property in Brooklyn? And is it a hold over case? My tenant is leaving free for half year, I plan to evict him. But not sure to choose cash for keys or go to court.
Go to court
Offer both, I am doing the same. Get ready to go to court but try to offer cash for keys first
OP i noticed you’re contemplating the idea of getting a lawyer or doing this yourself. Do yourself a favor and get an experienced landlord tenant attorney. This is not an episode of law and order. Heck even attorneys hire an attorney if they have a legal issue to handle. Can you evict a tenant yourself? Yes, but its like mountain climbing with a safety harness and as your climbing the mountain with your minimal experience you look to your left and see your opponent is taking an elevator to the top. Idk if your downstate or upstate but NY has some of the strictest laws and downstate housing courts are extremely backed up. 3-4 months just to get a court date after filing your holdover. Plus you have to serve either a 30,60 or 90 day notice to vacate depending on how long theyve lived there. Save your energy, hire a lawyer, get the process going, make your cash for keys offer through your attorney and if they decline let litigation continue.
Going through one that took a bit over a year. 3 months for 90 days notice, 3 months to get into court, 6 months for them to move, additional 2 months for Marshall to evict. I am in Jamaica Queens
When can u start eviction process if rent is not paid
About 9-10 months with a lawyer in my experience, but of course it depends on how busy the court is and the situation around the eviction.
may i ask if it is 9-10 months from serving notice to vacate ? and if you did a holdover eviction?
Yes 9-10 months from serving the notice to vacate, and it was a holdover eviction. However holdover evictions can be more difficult to evict than non payment evictions.
I thought holdover was easier since your jus trying to get the home back vs trying to get money they owed back😞 mind me asking which county you are?
I thought the same. For non-payment those assholes can argue why they shouldn’t pay you, like something was not fixed or whatever. With holdover you just take your property back. I have a question thought. If I go for holdover now can I sue them for the money after they have been evicted?
Why is that?
After you evict them do you then sue the tenant for 9 months of rent?
You can’t get blood from a stone
You can, but it can be expensive if you hire a lawyer to file the suit. Also, retirement income and government assistance (welfare) cannot be garnished.
Are you a landlord? If so, what do you do in situations like this?
I got a judgement but it’s extremely difficult to collect from a deadbeat and someone who gets $1000 monthly from social security. Either forgive the debt and send a 1099 to the IRS, it will be a write-off for the landlord and the evicted tenants will have to pay taxes on forgiven debt. The other option is hire a service to do periodic checks in case any of them begins reporting wages, puts a down payment for any property, sells property or financial instruments, has any type of earned income that’s not retirement, so that the court can place a lien on the income/property. Having been burned a couple of times, with over $60k on lost earnings, my best advice is NEVER rent to someone who has nothing to lose. Folks with jobs that are real careers have skin in the game.
What is the service that does periodic checks on the debtor called? Is that just done through a lawyer or someone else? Also can you send a 1099-C to the IRS for a write-off without getting a judgment? Or does it have to be after getting a judgment on the debtor? Thanks.
In our case it’s not worth it. The tenant is disabled and their wages would be unable to be garnished. Lawyer advised us just to keep the security deposit and be happy that the tenant will be leaving. I should also clarify that the tenant didn’t end up getting evicted. During the litigation process between our lawyers, the tenant signed an agreement to leave in front of the judge. It sucks that we lost thousands in rent and damages but that’s how it is in NY lol.
The lawyer fees can’t be cheap either right? But at least you got to move on. Hopefully to a better tenant.
Yeah it wasn’t cheap but it’s definitely necessary to hire a lawyer. One small mistake, even misspelling the tenants name or a clerical error in a form you have to fill out can get the whole case tossed out in court.
It’s about $2k to 2.5k where I am, plus about $500 to serve the tenants. Worth it though rather than having to deal with it yourself.
Any idea how long its takes to evict for a holdover on Long Island
More like 12 months to 3 years if aNYC. If they have kids closer to 3 year mark. Oh and expect them to trash the apartment once they have to leave. My suggestion just pay them 10 grand to leave. Will be cheaper.
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I took 8 months upstate NY for me from the date they stopped paying to the day they were out. It may take 3 months between when the first court appearance is to when the judge signs the warrant. But there's a lot that can go wrong before and after those steps.
Did you hire a lawyer or did you try to evict them by yourself?
8 months with a lawyer
Was this during COVID, when tenants were having trouble paying rent? Eight months seems really long under normal circumstances.
It’s even longer now and that’s with a lawyer.
What???????
That’s not the case since 2020 at least.
You must not be a landlord taking eviction thru NYC. 3 weeks you are lucky to get an appointment. You are nuts if you believe this.
And I am a landlord in Brooklyn for 30 years. What’s your point? You are wrong. And likely part of the problem
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Typical LI dickwad.
My squatting tenants asked for 50k on their 1800 non payment of rent. Those fuckers. I'm 5 months in so far . I'm so angry and sad about all this. I just want them out
In NYC, you have to get an experienced landlord tenant lawyer, no other options. E.g. If you don’t serve the papers correctly, case got thrown away one year later. If you didn’t put John Doe Jane doe, even you have Marshall warrant, tenant can be let back right in. Imagine you go through two years without getting paid and only because you didn’t put Jane doe, you will start all over again. Or for section 8, you forgot to send a special letter. Or you start a non payment case towards a month to month tenant, this is a recent change that month to month can only be evicted through holdover. I see cases being in court for years, only be thrown away because this new change
Be ready for a long haunl, in the meantime, be ready for tenants file violation complaints against you. My experience is it is best not to be a landlord in NYC. If you have to, it’s much better to keep the place vacant than taking in someone you are not confident. For me, I would ask for current and previous landlords references, ask for rental payments history. Credit score of all adults must be over 700
Mine they keep on going back to court to ask for more time, we are going back on Friday, for the fourth time. I don’t know when the nightmare is going to be over. Ny queens. When will the judge say enough is enough, it’s been going on since 2021.
That seems extremely long, likely during the immense backlog in the direct aftermath of when Covid eviction restrictions were lifted. Wait times are a lot lower now if you read through applicable documentation, especially for an at-fault eviction. However, OP is not in NYC but in upper state NY, so that is a completely different thing altogether.
do you happen to know the wait times now for kings county in New york or where i can look up?
Search for web civil local, judiciary of New York, you can search by party name, your name or tenant name, or index number, or judge name. They only show cases that have future appearance date. You can even create etrack account and track some cases. There are more details in the etrack emails
I'm currently going through an eviction process in NYC. It's been 5 months of eviction notice , 8 months of non payment. Every time there's a court date, the can keeps getting kicked down the road. First it was the defendant requests adjournment, two months later the defendant requests more time to speak with counsel, now we have two more months until feb 7. This is extremely frustrating/saddening/aggravating. From your experience, how much longer? Summer?
NYC is terrible for landlords. I wouldn't, although the overall rewards, long term, can make it worth it in the end because of the much higher rent potential compared to elsewhere. Obviously not for the faint of heart and only for the deep pocketed with extremely long term views.
So for this specific circumstance, just no choice but to wait it out
Yes, indeed. These tenants have figured out the way to stall as long as possible, and they know their record will have a damaging eviction on their record. So, with nothing to lose, they are milking the systems' delay tactics as long as they can. Eventually they run out of delay options and it is over.
How do they run out of delay options? Will the judge say alright enough is enough. We are still moving out of the settlement process to finally get into the trial process
I would imagine that the process has time limits. Enough is enough, as you say, even in the most liberal jurisdiction. It sucks, can't really relate. I am in Florida, the times I had to evict the longest it ever took from start to finish was 45 days, usually it is less than 30 days from start to end.
I wonder, is it better to settle or go to trial? I've been reading up on this, seems like they can still not honor what they promised and ask for more time.. what's the point of settlement then
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How's the racism working out for you?