Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). In order to start a proceeding to evict a tenant, the landlord, or his or her attorney, must prepare a petition requesting a court hearing, which must be served on the tenant and filed with the court. Before a marshal may conduct an eviction, he or she must first request that the court issue a Warrant of Eviction. In New York City, city marshals and deputy sheriffs are the only public officers authorized to request a Warrant of Eviction from the court.
Your landlord can’t evict you without terminating the tenancy first. This usually means giving you adequate written notice, in a specified way and form. In order to win, the landlord must prove that you did something wrong that justifies ending the tenancy. State laws have very detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to you (“served”). Landlords must follow state rules and procedures exactly.
If you have any problems or questions regarding Landlord-Tenant Law, you may consult our attorney at Neil Weissman. Visit or contact us today.