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evicting a tenant can seem like a complicated process but in this video will quickly explain eviction laws in New York and how to recover your property in five simple steps first what is an eviction eviction is the process of legally removing a tenant it's illegal for a landlord to change locks or physically remove a tenant themselves so if the renter refuses to leave after violating their lease you must seek an eviction from the court the process for simply terminating a lease differs from that of an eviction lease terminations require proper notice from the landlord or tenant and state conditions can be found on our website legal reasons for eviction in New York a landlord only has grounds to evict a tenant for reasons allowable in the state the first step in the eviction process is to give the lessee one of the following notices non-payment of rent if the tenant is late on rent you can serve them a 14-day notice to pay or quit which is also called a demand for rent in New York this gives them 14 days to pay the rent in full along with any penalties or vacate the property non-compliance if your tenant violates their rental agreement a 30-day notice to comply or quit gives them 30 days to either abide by the lease or vacate the property examples of lease violations may be sound complaints damage to the property illegal activity or parking in the wrong spot refer to your rental contract for an overview of agreements to which your tenant is bound rent grace period in New York there is no rent grace period rent is due on the due date an eviction notice can we serve if the rent is only one day late five steps to legally evicting a tenant in New York serve the notice to quick choose the form you need and download or fill it out on a forms calm in New York you cannot serve the demand for rent or notice to quit yourself so it's recommended that you hire a civil process server file eviction papers with the court if the tenant hasn't mitigated the issue and remains on the property you can proceed to court file a petition with the local city village or town court if the property in question is outside of New York City or with the housing court if the property is inside New York City most forms need to be notarized before filing after filing you'll be able to select a hearing date serve the court documents the tenant now needs to receive the information about the case filed against them which can be done using a process server attend a hearing at the hearing the judge will reach a ruling if the tenant does not show up or if the judge rules in your favor the court will order the tenant to vacate removing the tenant in some instances the tenant may still remain on the property to receive assistance from the sheriff you'll need a judgment and a warrant for eviction from the court after presenting these documents to the sheriff they'll provide the notice of eviction to the tenant the tenant will then have 72 hours to vacate before the sheriff can remove them and their possessions damages often the tenant security deposit does not cover total losses if damages are not awarded at the hearing you may be able to recover past due rent and cor fees through small claims court now you can get eviction proceedings started get eviction forms court documents and all other information you'll need at the link below for free you you