Eviction Process in NY?

[plys]

I am getting all sorts of information on eviction. This tenant never signed a lease when he moved to this apartment and in the beginning there was a different owner. Now after 7 years with the new owner this tenant is being evicted from his home, because the landlord claims he didn't know there were 4 of them living there, and the apartment they live in is run down with black mold, and an occasional rodent, the tenant had to put out rat poison to take care of that, and try to control the black mold themselves, the landlord would not take care of any of those issues anyhow just wondering the process of eviction after the tenant signed the landlord's 30 day eviction notice, where does the process go after the 30 days is over and the tenant has not moved?

[tiernan]

Then the landlord evicts for Failure to Vacate, it will take about 3 weeks to get the dead beats removed.

[leland]

NEW YORK EVICTION
To evict a tenant, the landlord, or their attorney, must prepare a petition requesting a court hearing, which must be served on the tenant and filed with the court.

Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission.

Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. 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. A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat.

When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture. Also, if you are evicted, take ALL your belongings.

In an eviction, the tenant's belongings are moved under the supervision of the marshal and stored at a private warehouse. In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.

A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy.

TENANT APPEAL (New York Order to Show Cause)
The tenant may ask a court to issue an Order to Show Cause (OSC) and a Stay, an order staying, or delaying, the eviction until the issues raised by the tenant are addressed on a hearing date set by the court. If the marshal is served with a signed OSC that stays the eviction, he or she is legally bound by the directions of the court, but if the court does not stay the eviction, the marshal must go forward with it. Unless otherwise directed by the court, the marshal, after being served with an OSC that stays the eviction, must serve an additional Notice of Eviction by regular mail before conducting the eviction or legal possession

[rickie]

They don't need a reason if there is no lease. 30 day notice, that's it. It's not an eviction, they are just saying we don't want you to live here anymore. They can do it, and you must comply.

Then it goes to court, and the tenant loses and is given maybe 1-2 weeks at most to move. if they don't move then, the sheriff shows up and physically removes them and their stuff and puts it on the side of the road. Up to date on rent is 100% irrelevant.

They need to get out in the 30 days, it will be much more pleasant for them. The eviction through the court will make it virtually guaranteed that they will live in equally crappy apartments for a long time.