Who We Represent
The Law Office of T. Padric Moore, PLLC represents landlords, not tenants, from owners of a single rental to property managers overseeing many units. Mr. Moore has more than 20 years of experience.
Three Types of Eviction Proceedings
New York evictions are summary proceedings. Outside New York City, they are generally brought in the city, town or village court where the property is located. The right type depends on why you need the property back.
- Non-payment: the tenant owes rent that is due.
- Holdover: the lease expired or was properly terminated, and the tenant has not moved out.
- Special proceeding: there is no tenancy to end, as with squatters, former owners who remain after a foreclosure sale, and licensees whose permission has ended. These generally begin with a 10-day notice to quit (RPAPL § 713).
The Notices That Come First
Each notice has its own timing and delivery rules, and a defective one can mean dismissal and starting over.
- Late-rent notice: if rent is not received within five days of the due date, RPL § 235-e(d) requires written notice to the tenant by certified mail. Without it, the tenant has an affirmative defense in a non-payment case.
- 14-day rent demand: RPAPL § 711(2) requires a written demand giving the tenant at least 14 days to pay or surrender possession, with the Good Cause Eviction notice described in RPL § 231-c attached or included. We prepare it and have it served by a process server after the 5th of the month.
- Non-renewal notice: under RPL § 226-c, a landlord who will not renew, or will raise the rent 5% or more, must give at least 30 days' notice if the tenant has lived there under a year with no lease of a year or more; 60 days for one to two years or a lease of that length; and 90 days for more than two years or a lease of two years or more.
What Happens in Court
When the notice period ends, we prepare, file and serve the notice of petition and petition within the window the statute sets. In a holdover case, for example, service must be at least 10 and no more than 17 days before the hearing (RPAPL § 733).
Some cases resolve by agreement at the first appearance. If the tenant contests, the court must grant either side's first request for an adjournment of at least 14 days (RPAPL § 745), and the case may go to trial.
If you win, the court can grant a judgment of possession and a warrant of eviction. Only an enforcement officer (the county sheriff, a city constable or marshal, or outside a city a town constable) carries it out, after at least 14 days' written notice, on a business day between sunrise and sunset (RPAPL § 749). A residential tenant facing extreme hardship can ask the court to delay the eviction for up to one year (RPAPL § 753).
A Realistic Timeline
Evictions typically take 2 to 8 months, and sometimes longer. Notice periods alone can run 10 to 90 days before filing, and adjournments, trials, stay requests and the officer's 14-day notice all add time. We explain each stage before it begins so you can plan for vacancy and cash flow.
Documents to Gather
Having these ready when you call helps us move quickly and spot problems early.
- The signed lease, renewals and riders
- A rent ledger showing payments and the balance
- Every notice you have sent, with proof of mailing or service
- Names of all adult occupants and the unit's exact address
- Your deed or management agreement, and messages with the tenant
Common Landlord Mistakes
Self-help eviction is illegal in New York. Changing locks, removing belongings, cutting off essential services, or using force or threats against an occupant who has a lease or has lawfully lived there 30 consecutive days violates RPAPL § 768. Intentional violations are a class A misdemeanor, and civil penalties run $1,000 to $10,000 per violation, plus up to $100 a day, for up to six months, for failing to restore the occupant.
- Using the wrong non-renewal notice period, or leaving the Good Cause notice off a lease, renewal, non-renewal notice, rent demand or petition (RPL § 231-c)
- Asking the court for late fees. Only rent can be sought in a residential eviction case (RPAPL § 702), and late fees are allowed only after rent is five days late, capped at $50 or 5% of monthly rent, whichever is less (RPL § 238-a)
Flat Fees for Eviction Cases
Summary eviction proceedings (holdover, non-payment or special) are billed at a flat fee from $900 per rental premises, covering notices, service of process, the court filing fee, the petition, one court appearance and the judgment application. A typical total budget is about $1,300.
Call 518-490-1924 or email padric@tpmlawny.com to talk through your situation.
- Hearings and trials: $250 per hour, with a $250 minimum if a trial is ordered
- Warrant filing and processing: $250
- Tenancy ended by 90-day notice: when the tenancy must first be ended with a 90-day notice, a $400 advance retainer is due at the start instead of the full flat fee
Representation does not include collecting rent arrears or money judgments.
Frequently asked questions
Can I change the locks if my tenant stops paying?
No. Once an occupant has a lease or has lawfully lived in the unit for 30 consecutive days, they can be removed only under a warrant of eviction, another court order or a government vacate order. A lockout can bring criminal and civil penalties (RPAPL § 768).
Do I have to accept rent after I start a non-payment case?
If the tenant pays the full rent due before the hearing, you must accept it, and the grounds for the case become moot (RPAPL § 731(4)). After judgment, the court must vacate the warrant if the full rent due is tendered or deposited before the eviction, unless you show the tenant withheld rent in bad faith (RPAPL § 749). Call us before accepting a partial payment.
Does the Good Cause Eviction Law apply to my rental?
Outside New York City, Good Cause applies only where the municipality has opted in, and exemptions vary by locality — check the State's current list of opted-in municipalities or call the office. Where it applies, covered tenants generally can be removed only on the grounds the law lists (RPL § 216). Even where Good Cause doesn't apply, the 14-day rent demand must include the State's Good Cause notice form (RPL § 231-c).
I bought a home at a foreclosure sale and someone still lives there. What now?
It depends on who they are. A tenant of the former owner is generally entitled to written notice from the new owner and may stay for 90 days after that notice or the rest of a bona fide lease, whichever is longer (RPAPL § 1305). A former owner is usually removed through a special proceeding after the deed is exhibited and a 10-day notice to quit is served (RPAPL § 713).
This page provides general information about New York law, not legal advice for your situation. Reading it does not create an attorney-client relationship.