If you are a landlord and you have a tenant who isn’t paying the rent, there are some steps you must take to evict them. First, you must make a rent demand. If the tenant fails to pay the rent after receiving the demand, the landlord can start a nonpayment case in court.

To start a nonpayment case, you must complete a Petition and a Notice of Petition, file them in court and have them served on the tenant. The next step is a court hearing, at which the judge will hear the claims of both sides. The judge may decide the case right then, or order both parties back later for a hearing.

If the judge rules in your favor, the judge will give you a “Warrant of Eviction”, which is a court order that orders the tenant to be put out of the rental unit by the Sheriff, Marshall or Constable if they fail to move. The judge will decide if the warrant can be issued right away or if it will be stayed for a period of time. If you do receive an immediate Warrant of Eviction, the tenant will be given a three day notice, which means they have three days to move.

Unfortunately, evictions aren’t quick or easy. If you have a tenant who fails to pay rent on time or at all in New York, and you want them evicted, contact the Landlord-Tenant Attorneys at Friedman & Ranzenhofer at 585-484-7432. We have experience representing landlords in eviction proceedings, and we will be happy to make the process as quick and easy for you as possible.