Can a landlord use an eviction notice to go straight to court?

If you have a lease that has not expired and the tenant has defaulted on making the rent payments, the best course of action is to start a nonpayment case in housing court. Our office will prepare all of the necessary notices to commence the case.

My tenant’s lease has expired and/or my tenant has stopped paying rent. Am I permitted to turn off essential services such as heat, water, electricity, and gas on the premises?

In New York, landlords cannot change locks without a court order or voluntary surrender of the premises. Illegal actions such as padlocking doors, removing furniture, or turning off utilities are Class A misdemeanors. Tenants have the right to sue for damages and seek an order for possession restoration if a landlord engages in such behavior.

Eviction is a serious issue that no tenant wants to face. If you have received a notice from a marshal stating that you are to be evicted, it is important to act fast. The first step is to come to court as soon as possible. This is a very serious matter, and it must be addressed immediately. If you do not take action, the marshal may remove you and your property from the apartment.