Legal Question in Real Estate Law in New York

Eviction from basement apt.

I am trying to evict tenants from basement apartment in my 2-Family house. They owe me rent (including utilities) since 9/1/02. I served them with 30-day Termination note that ended on 10/31/02. Then I have filed a case with NY State Supreme Court, and served tenants with Summons and Complaint on 12/23/02. 20 days later they didn'd respond. What is my next step should be? What are my chances to evict them and how long it may take? Also, how can I receive money they owe me?


Asked on 1/14/03, 11:27 am

2 Answers from Attorneys
Lisa Breier Urban Breier Deutschmeister Urban & Fromme

Re: Eviction from basement apt.

This depends on the type of case that you are starting. If it is an action for ejectment, then you would move for a default judgment. If it is a holdover, then you should be in housing court, not supreme court.

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Answered on 1/14/03, 11:48 am
Walter LeVine Walter D. LeVine, Esq.

Re: Eviction from basement apt.

Move the court to enter a default judgment and schedule a proof hearing. You will need a court order to evict, and since there has been no answer and the default, this should be a simple procedure for you to get the final judgment and order. You may also need the sheriff to effect the eviction.

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Answered on 1/14/03, 4:15 pm


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