Evictions are covered by state and local laws and can involve a lot of paperwork. Listed below are the steps property owners are supposed to take to evict someone and things tenants can do to protect their rights.

It is not always easy to know what to do with a legal document, and even when you understand your rights, it may not be easy to enforce them.

This page includes contact information for groups that can help tenants understand documents, arrange for someone to go to court or meetings with tenants, or find legal help.

In October 2022, New York’s attorney general updated the state’s guidance to law enforcement about how to handle evictions properly. Read it here.

What property owners should know & do

Property owners in New York State cannot evict tenants simply by telling them to move out. If they want to evict someone, they must take them to court. Here are the steps they must follow:

  • Send tenants a certified letter saying that the rent is overdue.
  • Send a second letter demanding that the rent be paid within 14 days.
  • If tenants do not pay, get a Notice of Petition signed by a court official. The notice must be handed to the tenant — in person — by someone 18 or older and must include a date, time, and address for a court hearing.
  • If tenants pay in court or within five days as allowed by law, sign a letter agreeing to “vacate the judgment” — that means the landlord will stop trying to evict.
  • If tenants cannot pay, get a Warrant of Eviction to be presented in person by the Ulster County sheriff’s department.
  • Once a warrant is served, only the Ulster County sheriff’s department can evict — remove the tenants’ things, change the locks, and make the tenants leave.

If a property owner is trying to evict a tenant for non-payment, the non-payment must be rent, not late fees, legal fees, or any other “added” cost.

What property owners cannot do legally

  • Change the locks.
  • Padlock the doors.
  • Take out your furniture or other belongings.
  • Remove the door of the apartment or house.
  • Turn off the electricity or water.
  • Do or threaten to do, anything else that keeps tenants out of a house or apartment.
  • Evict tenants because of immigration status.
  • Retaliate against tenants for using their rights.

The Ulster County Coalition for Housing Justice made two short videos to help tenants understand their rights. You can watch them on YouTube.  Know Your Rights About Eviction (six minutes) or Informese! Ley Moratoria de Desalojo (under five minutes). Please note: the first minute or so, discussing the pandemic moratorium, is no longer relevant but the rest of the information is still current.

What tenants should know & do

  • If rent is owed, pay all or some of  it as soon as possible. In some cases, UIDN or Catholic Charities may be able to pay all or part of one month’s rent.
  • If a Notice of Petition is served, check to be sure it is signed by a court official and that it includes a date, time, and address for a court hearing.
  • Go to court at the time and place on the notice. Tenants have a right to tell their side of the story. Tenants can bring someone to help them understand what’s happening, interpret, and speak if necessary. Bring proof of rent paid. If UIDN or Catholic Charities helped with a payment, they can give written proof.

What will happen in court?

When tenants come to court, but have not paid everything owed, the judge should give them five more days to pay. If rent is paid within five days, the property owner should give the tenant a signed letter agreeing to “vacate the judgment.” That means they will stop trying to evict. The tenant must file the letter with the court.

If the tenant cannot pay, they will likely receive a Warrant of Eviction. It must be signed by a judge and presented in person by the Ulster County sheriff’s department. Warrants tell tenants when they must be out — usually just a few days. Get information on emergency housing here.

If a tenant loses and the judge orders an eviction, tenants can ask for up to one year to move if they can show that they cannot find similar housing in the same neighborhood. Tenants can tell the judge about special circumstances such as health conditions, children enrolled in school, or other factors that could make it hard for you to move.

What happens during an eviction?

Only the Ulster County sheriff’s department can evict. They will come to the home, remove tenants’ things, change the locks, and take tenants to the Department of Social Services if they need help.

Thanks to Ziyao “Jasmine” Zhang (Vassar College, 2024) for research.