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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

What Happens When a Landlord Tries to Evict a Tenant?

In New York, a landlord cannot evict a tenant from their rented space simply because they failed to pay rent. There is an involved legal process that must go forward before someone can be forced out of an apartment or other rented space. But what exactly is this process, and what happens when a landlord attempts to evict a tenant?

Step One: Notice of Nonpayment

Before anything else, a landlord must give a tenant prior notice of their failure to pay rent, as well as their intention to move forward with eviction. This notice must come at least ten days before officially filing to evict the tenant, or thirty days if the eviction is the result of an alleged lease violation. This gives tenants enough time to potentially cure the issue by paying back any money owed, or to negotiate a deal with the landlord out of court. It also gives tenants time to obtain legal counsel, so they can defend themselves if they get evicted.

Step Two: Summons and Complaint

If the issue that resulted in the eviction is not resolved, the next step is for the landlord to file a lawsuit in the appropriate court. This also means delivering a summons and complaint to the tenant, preferably in person, which notifies them of the lawsuit. The summons and complaint must fulfill all procedural requirements to be valid, and can be thrown out if there are any errors in the service of process.

Step Three: The Lawsuit

During the lawsuit, the landlord and tenant both put forward their claims as to why the eviction should, or should not, go forward. Both sides can present evidence of their claims, and provide testimony about any actions they did to try to cure the situation. A landlord must win their case before they can formally go ahead with the eviction. A landlord who attempts to remove a tenant against their will before winning their case may face legal penalties as a result.

Step Four: Notice of Execution

If the landlord wins their case, they can request a writ of execution, which allows them to go forward with the eviction. They must then give the tenant a notice of execution, which gives them 14 days to move out from their rented space. If the tenant fails to leave before that point, they can be forcibly removed by law enforcement. However, landlords cannot evict tenants by force on their own, and may be legally accountable if they harm a tenant in the process of eviction.

If you have questions regarding your rights as a landlord or tenant, you should seek advice from an attorney experienced in handling these matters. A New York landlord-tenant lawyer, who is experienced in handling landlord-tenant cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute over unpaid rent, lease violations, or other similar issues, contact the Suffolk County landlord-tenant attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
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