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Frequently Asked Questions About The New York State Eviction Process

What is Eviction?

An eviction is the court-ordered removal of a tenant by the landlord from the property they reside in.

What is the process for evicting someone?

No eviction is the same, but most follow the same general process:

  • Send a clear written notice
  • File a complaint
  • Serve the tenant
  • Attend the trial
  • Wait for the decision

If you win the case and your tenant does not appeal for reconsideration, the tenant then has 14 days to vacate the premises.

What are the grounds for eviction? How much notice is required?

Evictions in New York State fall into two categories: Notice for Termination with Cause and Notice for Termination Without Cause

Notices for Termination with Cause: If you want to terminate a tenancy early, you need to have cause. A tenant can be evicted early for numerous reasons such as failure to pay rent, violating terms of the lease agreement, or conducting illegal activity.

To begin the eviction process, you must give your tenant a written notice, which will determine the reason for the eviction

Notice for Termination Without Cause: You cannot end a tenancy early without cause. If there is no cause, you must wait until the end of the lease or rental period before asking or expecting the tenant to move.

How long does it take to evict a tenant?

Depending on the cause, the eviction process can take anywhere from 1-5 months.

Who can help me with an eviction?

For eviction guidance services contact Maxwell Property Management. With over 30 years of industry experience, our team of licensed real estate brokers has the know-how to make the unfortunate task of evicting a tenant as easy as possible. Call or text today to get started or learn more about our full-service property management options.

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Meeting someone in the area that we felt was looking out for our best interest was a huge boost to our morale and something that we hadn’t found with other agents/realtors.

- Matt S.

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Last summer my family and I relocated to Saratoga County for a new job assignment. Being new to the area we wanted to rent before buying. We were getting near the end of our house hunting trip and we were not having much luck. Then we met Thompson at a property. He was very courteous and professional. Since that property wasn’t exactly what we wanted, he really went out of his way for us by taking us to two other houses on very short notice. Meeting someone in the area that we felt was looking out for our best interest was a huge boost to our morale and something that we hadn’t found with other agents/realtors.

After a couple of frantic days meeting him around town, we settled on a home in Saratoga Springs and since then we’ve had nothing but great service from his support staff in the office. Anytime we had an issue, we got a quick response, even right around the holidays.

I would definitely recommend Maxwell Property Management to friends and family.

- Matt S.