Eviction Procedures

You may hire an attorney or file an eviction by yourself. Paperwork can be obtained at the Rochester Housing Council:
    75 College Ave  4th Floor
    Rochester, NY 14607
    585-546-3700 Ext. 3000

Make sure that you obtain the Eviction Guide which is intended to provide general information for landlords who must pursue an eviction procedure. Specific problems may require a consultation of a lawyer. Court staff can not give you any legal advice.

Service of Papers: The papers must be served between five (5) and twelve (12) days before the date to appear in Court.   RAPL 733(1).

The notice of petition, petition to recover, and affidavit of service must be filed with the Court within three (3) days of personal service or mailing depending on which method of Service is used.  RAPL 735(2).

If substituted service is used, the required papers must be filed at least five (5) days before the date to appear in Court.  RAPL 735(2), 733(1). (When substituted service is used, the papers are not considered served until they are filed with the court).

Failure to follow these procedures properly requires the court to dismiss the procceding for lack of jurisdiction (see Garrison v. Abrams, 57 Misc.2d 417, (1965).

When you appear in court, please bring the warrant of eviction and judgement paperwork to court with you so that the Judge can sign them for you before you leave the court room. Please make sure that all forms are filled out correctly. The Judge can not fill out the paperwork for you.