Press-Republican

Columns

May 26, 2012

Evictions: When and how

When tenants do not pay the rent or continue to live in an apartment or house after expiration of the lease, the landlord must bring a summary proceeding in City Court or Justice Court in order to evict them. 

If the judge grants the request to evict for non-payment or “holdover,” the judge will sign a warrant of eviction, which the sheriff then serves on the tenants. The tenants have three days to move out after served with the warrant, or the sheriff will forcibly remove them and their belongings.

There are very strict procedures that a landlord must follow to bring a summary proceeding, including rules about how and when different documents must be served on the tenants, as well as time frames. If these are not done correctly, the judge may have to dismiss the case, and the landlord would have to start over. People can represent themselves in evictions or hire a lawyer. There are helpful resources available online for both landlords and tenants. The Plattsburgh City Court website has a Landlord Summary Proceedings Handbook for non-payment cases, which includes forms with instructions that also can be used in any New York town or village court. Simply go to the City Court website, click on Forms, then at the bottom of the list click on Summary Proceedings Handbook.

NON-TENANT CASES

A summary proceeding is not limited to cases where there is a landlord-tenant relationship. A landlord or tenant can use that procedure to evict a “licensee” who originally moved in with the consent of the tenant, but now that permission has been revoked. Or the person may be a “squatter,” who never had permission, but is staying there and won’t leave. Other cases include if the non-tenant is committing illegal acts, has moved in unlawfully or remains in the home after foreclosure or when housing was part of employment but now the employment is terminated. However, in most circumstances, the landlord cannot evict someone who is there with the tenant’s permission.

Text Only | Photo Reprints
Columns
  • Terry_Mattingly.jpg Easter with doubters and the 'nones'

    Should more pastors ask this blunt question: "Do you really believe Jesus was raised from the dead?" wonders religion columnist Terry Mattingly.

    April 18, 2014 1 Photo

  • Black_Peter_2014_cropped.jpg Canadiens are Canada's team

    The National Hockey League playoffs are underway, and for Canadiens fans, many of whom likely reside in the Montreal "suburb" of Plattsburgh, it is a time of hope and joy.

    April 18, 2014 1 Photo

  • little_mug.jpg There's no saw like an old saw Kaye and I laughed ourselves silly the other day as we tried to top each other with our own sayings from childhood, columnist Gordie Little writes.

    April 13, 2014 1 Photo

  • Denenberg_Stu1.jpg Privacy concerns make a comeback

    There's a growing concern amongst the millennials, columnist Stu Denenberg writes.

    April 13, 2014 1 Photo

  • paul_grasso.jpg Several options exist for downtown

    Pedestrian mall just one idea that could be good for city's economic future, according to columnist Paul Grasso.

    April 13, 2014 1 Photo

  • colin_read.jpg Government can't create success on its own

    It takes a grass-roots community effort of people working together to assure future accomplishment, according to columnist Colin Read.

    April 13, 2014 1 Photo

  • Hagar_mug1.jpg Farmers strive for sustainability

    Conserving the land and assuring long-term profitability are two of the key goals for farmers these days, according to columnist Peter Hagar.

    April 13, 2014 1 Photo

  • Black_Peter_2014_cropped.jpg Big shift in Quebec vote

    Being a man of science, Philippe Couillard, premier-designate of Quebec, chose to use a geological term (though his field is actually medicine) to describe what happened in Monday's election, writes Canadian columnist Peter Black.

    April 11, 2014 1 Photo

  • Terry_Mattingly.jpg A monastery in the Hebrides, after 1,000 years

    Before Father Seraphim Aldea can build a monastery on Scotland's Mull Island, he needs to have a working septic system, writes religion columnist Terry Mattingly.

    April 11, 2014 1 Photo

  • Tobias_Sue_012914.jpg Old movies offer more than entertaining TV

    Columnist Susan Tobias and her husband, Toby, are reminded of simple childhood memories while watching an old black-and-white movie.

    April 9, 2014 1 Photo

Peter Black: Canadian Dispatch

Lois Clermont, Editor

Cornell Cooperative Extension
Richard Gast: Cornell Ag Extension

Bob Grady

Guest Columns
Peter Hagar: Cornell Ag Connection

Health Advice

Ray Johnson: Climate Science
Gordie Little: Small Talk

Terry Mattingly: On Religion

Steve Ouellette: You Had To Ask

Colin Read: Everybody's Business

Pinch of Time