Following an appropriate predicate notice, a landlord may bring a summary non-payment court proceeding against a tenant who fails to pay the agreed rent when due and to recover rent owed. A landlord may bring a summary holdover eviction proceeding if a tenant holds over past his lease term or a tenant significantly violates a substantial obligation under the lease. To evict a tenant, a landlord must obtain a judgment of possession and a warrant to evict. This can only be done through the courts. No landlord is entitled to utilize “self help” in New York.
A landlord cannot use threats of violence, remove a tenant's possessions, illegally lockout, or discontinue essential services such as water or heat. If you are a tenant who feels your rights are being infringed upon by your landlord and you have been served with legal papers or if you are a landlord who has tenants that are in violation of their lease terms, are chronic late payers or owe you rent, call the Law Office of Ezratty, Ezratty & Levine, LLP at (516) 747-5566.