Eviction
Also called: Dispossess
What it means
A court process a landlord uses to remove a tenant. In New York, a landlord has to file papers in court, serve the tenant, and get a judge's order before anyone can be physically removed. The sheriff or a city marshal is the only one who can carry out the removal — never the landlord directly. Self-help lockouts are illegal and a tenant can sue a landlord who does one. There are two main kinds of eviction: nonpayment (for unpaid rent) and holdover (for everything else, like a lease ending).
When you might hear this
You hear this when a landlord is trying to force a tenant out. It is a court process. A landlord cannot just change the locks or move a tenant's things out — that is illegal. Every eviction in New York has to go through housing court first.
What to ask
- Has the landlord actually filed in court, or only sent a notice?
- Is this a nonpayment case or a holdover?
- When is the court date?
- Can I get a free lawyer for housing court?
- What happens if I pay everything I owe — does the case end?
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.