The question of how long does it take to evict a tenant in New York is important in that when you are facing eviction you need time to organize and rest your things. It is very difficult to run through an eviction with no time to spare. Eviction has been an issue for rent control laws for years. There is a formula for calculating how long it will take to evict someone and the courts have set rent ceilings and eviction dates. There are many other considerations that have to be made throughout the eviction process and once the home owner is evicted they cannot enter the property again.
When tenants are evicted: they often do not leave the premises immediately and some will move to another address. Many will call their landlord and find out about the eviction process. When an eviction is ordered, they are usually given at least twenty-one days to pack up and leave. The notice should include information on how long they have to vacate, a date they have to vacate, the address they have to vacate to, and the time that it is recommended they move out. This is also called the ninety-day notice to vacate.
When the time for the eviction expires: a landlord can then send a Notice of Intent to the tenant indicating that they have a reasonable cause to believe that the tenant has left the premises. If this is not done, the tenant has thirty days from the mailing of the Notice of Intent to answer or challenge the eviction. If the tenant answers the question how long does it take to evict a tenant in New York the landlord has to provide the answer within a short period of time or the court may enter a default judgment. At this point the eviction will be retroactive and will continue even though there has been no order of eviction previously.
When a tenant or occupant of a rental property: in New York or any state for that matter vacates in an eviction case the landlord must then post a notice of eviction to the tenant’s third-party insurance carrier. This notice of eviction must state that the landlord has been given a copy of the vacating order and the tenant must now vacate the premises. It must also state that the tenant has been notified of the date and time of the public notice of eviction. This notice of eviction is required by law and must be posted on the principal floor of the tenant’s rental property. This notice is considered a public notice of eviction and is legally binding.
Once the notice of eviction is posted the eviction process begins: A licensed attorney who has experience in tenant law can review the vacating process with the courts. If a court order to evict is issued then the attorney will help the tenants and landlords to appeal that court order to the state or county court. If the court upholds the eviction order, the landlord has no obligation to vacate. However, if the court orders the eviction to be suspended then the landlord must do what is required by law and vacate the premises. If there are any assets that are attached to the property during the course of the foreclosure or the eviction process then those assets will need to be sold before the end of the foreclosure sale.
It may take up to thirty days: from the date of service of the eviction order for the tenant and his or her representative to be notified of the date of the scheduled foreclosure sale. After that date, if the tenants do not move out of the property, then the attorney will be able to serve them with the complaint and eviction notice.
If the tenant and his or her representative do not attend the scheduled foreclosure sale, then that sale date will be postponed until after the attorney gets the tenant’s representative to attend the scheduled eviction sale.