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I'm inquiring friend which i believe is at her wits end.

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I'm inquiring for a friend...
I'm inquiring for a friend which i believe is at her wits end. question is,In NYC how does One evict a person pou of their apy who has not spent more than 30 days occupying said apt. She fears illegal eviction if locks are changed.30 day rule is not in effect. he has lots of clothing and pay no bills for his stay...
Submitted: 2 years ago.Category: Legal
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Answered in 9 minutes by:
8/23/2015
Lawyer: CalAttorney2, Attorney replied 2 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
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Dear Customer,

I apologize but I am a little confused on the wording in your question.

If I understand your question correctly, you are asking how a landlord goes about evicting a tenant in NYC. You also are inquiring if there is any special provision because the tenant has only lived there a short time (less than 30 days of occupancy).

Assuming I have understood your question correctly:

Your friend must go through the unlawful detainer process, there is no shortcut.

The process is outlined below, but the NYC Courts have an excellent self help site to guide your friend.

http://www.courts.state.ny.us/courts/nyc/housing/eviction.shtml

Your friend CANNOT USE SELF HELP MEAUSRES - do not cut off utilities, do not change locks, etc. Doing so will open your friend up to liability (the tenant will sue for damages and not only will the tenant get to stay longer, the landlord will actually owe the tenant money!!!).

Terminating a tenancy-

1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

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