How long will it take to evict my tenant?
We understand the urgency of getting positive results asap. Timing of a landlord-tenant matter is largely impacted by whether the action brought is a:
a. Nonpayment Proceeding
(which is an action for rent owed) or
b. Holdover Proceeding
(which is an action for grounds other than a nonpayment of rent)
and in what court the case is brought. Typically cases in Westchester County resolve much quicker than cases brought in the Bronx or other boroughs of NYC.
If the matter is a nonpayment proceeding, and the landlord has already provided the tenant with a proper rent demand, our office will immediately prepare the litigation paperwork (which is also known as the notice of petition and petition) and send the paperwork to the local marshal, sheriff or process server to be immediately filed with the court and served upon the tenant or tenants. If the case is brought in Westchester County, the litigation paperwork will usually put the tenant on notice to appear in court the following week. If the case is brought in the Bronx, Manhattan or one of the other boroughs of NYC, the tenant will have an opportunity to answer the petition at which time the court would set a court date.
If the matter is a hold-over proceeding, our office will immediately prepare the appropriate notices and after approved and signed by the client, then have the appropriate notices served upon the tenant as required by law. When the notices expire, we follow up with the client to determine if the notices have been complied with by the tenant or if immediate further legal action is required. Since holdovers are more complicated than nonpayment proceedings, it is not unusual for a holdover proceeding to take a significantly longer to conclude.
Being involved in landlord-tenant matters can be very stressful, but with James G. Dibbini & Associates assisting you, the process can be much more manageable with faster and positive results. Call us today if you have an existing landlord-tenant matter or question.
Our office also provides legal services in the areas of:
-Cooperative Apartment & Condo Representation
-Property Management Company Support and Representation
-Commercial & Residential Real Estate Closings
-Civil Litigation
-Landlord & Tenant Law
-General Business Law
-DHCR Representation
-Zoning Issues and Variances
-Housing and Building Code Violation Matters
For more information or to discuss the specifics of your situation, please do not hesitate to contact James G. Dibbini, Esq. at 914-965-1011 or jdibbini@dibbinilaw.com.
