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How to Evict a Tenant in Fulton, NY

Evicting a tenant in Fulton, New York follows the same New York State statutory framework as other cities in the state, but the proceedings are filed in Fulton City Court rather than the larger courts in Oswego or Syracuse. Self-help eviction is illegal. A warrant of eviction must be obtained through court and executed by law enforcement. This guide walks through the Fulton eviction process, the applicable court, notice requirements, and typical timelines.

Jurisdiction: Fulton City Court

Fulton City Court handles summary proceedings for residential properties within the City of Fulton. Properties in adjacent towns such as Volney, Granby, Palermo, or Hannibal are heard in the relevant town justice courts. Confirming the property’s municipal boundaries is the first step before filing.

Non-Payment Eviction Steps

  1. Fourteen-day rent demand notice. HSTPA requires a 14-day notice demanding payment before filing a non-payment petition.
  2. Petition filing in Fulton City Court. The petition includes the lease, the rent demand notice, and proof of service.
  3. Service of the petition. The tenant is served under CPLR rules.
  4. First court appearance. Both parties appear. The tenant may raise defenses.
  5. Trial or stipulation. Contested cases proceed to trial, or parties reach a stipulated agreement.
  6. Judgment and warrant. A successful landlord obtains a judgment and warrant of eviction.
  7. Warrant execution. The Oswego County Sheriff executes the warrant.

Holdover Evictions

Holdover actions are used when a tenant remains past the lease term or violates a lease provision other than rent. Notice requirements scale with length of tenancy under HSTPA.

Local Considerations

Fulton is a small court with a correspondingly limited calendar. Scheduling depends on the judge’s availability and the overall civil docket. Process servers familiar with the Fulton area are helpful, particularly for properties outside the core residential grid. Fulton’s housing stock includes older multi-family conversions along Oneida Street, State Street, and Broadway, and landlords filing evictions in these properties should confirm lease-holder identities at time of service to avoid service defects.

Timeline and Cost

A contested non-payment eviction in Fulton typically takes 60 to 120 days. Costs include filing fees, process server fees, attorney fees, and sheriff charges. Total out-of-pocket and lost-rent costs for a contested case typically range from $2,500 to $6,500.

Prohibited Practices

The same prohibitions that apply statewide apply in Fulton: no lock changes, no utility shut-offs, no removal of belongings, no harassment. These practices expose the landlord to civil and criminal penalties.

Related Reading

How to Evict a Tenant in Oswego, NY, Syracuse Property Management, Property Management in Fulton, NY.

RenPro Property Management

RenPro manages rental properties in Fulton and handles evictions through Fulton City Court as part of standard management services. For questions, contact RenPro at (315) 636-2524 or [email protected].