How do I fight an eviction in New York if I feel it was unlawful from a short eviction notice?

In New York, a landlord may begin the eviction process if the tenant owes rent and refuses to pay the overdue rent or vacate the property, or for “holdover cases” i.e. violation of a lease provision, illegally moving in additional renters or interfering with other tenants’ quiet enjoyment of the rental property.

In the event of a non-payment of rent case, the landlord must first deliver a Three Day Notice to Pay Rent or Quit, giving you three work days to pay the past due rent. If you do not pay the rent owed, the landlord may file a nonpayment petition. The landlord must then give you time to respond to his/her complaint in the form of a legal “pleading” or document. Once you answer, the court will assign a date and time for you to appear before a judge for a hearing regarding alleged non-payment of rent. If the judge finds for your landlord, then he or she may evict you via the Sheriff’s Office.

If your landlord is attempting to evict you in a holdover case, he or she must first give you thirty days notice to leave the rental property and that notice must be delivered at the beginning of the rental term (generally the day on which you are supposed to pay rent). If, at the end of the thirty days, you have not vacated the property, the landlord may begin the process of eviction by filling out a petition with the court. At that point, the process is the same as for a nonpayment case in that you will appear in a hearing and have an opportunity to hear the allegations against you and also to defend yourself.

If you feel you have been unlawfully evicted it is essential that you contact an eviction attorney. Not only does an eviction have a negative impact on your credit and ability to rent in the future, New York State allows for a tenant who has been unlawfully evicted to recover three times the amount of your damages. An attorney who specializes in landlord/tenant law can assist you in making sure that you are compensated for your losses.