Eviction Steps
The following steps represent an overview of the Eviction Process in Monroe County and the City of Rochester. For more detailed information and assistance completing the eviction forms, purchase the
Eviction Guide by calling 585-546-3700.
The Eviction Guide takes you through all the evictions steps including step by step instruction on filling out the eviction forms.
It is also highly recommended that you register for our Landlord workshop by calling 585-546-3700.
Step I: Estimating The Eviction Cost
- Below is an approximate cost associated with an eviction for landlords/housing providers that intend to represent themselves in eviction court.
- You must use an attorney if you can't represent yourself in court.
| Eviction Guide
|
$22.00
|
| Eviction Forms (set of 3)
|
$14.00 to $17.00 |
| Warrant of Eviction *
|
$4.00
|
| Non Payment Judgment *
|
$4.00
|
| Eviction Court Fee | $20.00 to $45.00 |
| Server Fee
|
$25.00 to $50.00
|
- * Required only if the eviction is outside of the City of Rochester
- The cost of an eviction may vary depending on the number of tenants you are evicting.
- All these expenses can be considered business expenses for tax purposes. Please consult your accountant.
Step II: Establishing The Grounds For Eviction
Non-payment of rent
Tenant was given notice of rent demand but has made no attempt to pay the rent due or the balance of rent owed.
Holdover Eviction
The tenant remains in the apartment despite lease expiration.
Step III: Providing Proper Notice
It is important to provide a tenant with proper notice before commencing an eviction proceeding. The intent is to provide the tenant with the opportunity to cure (remedy) the default.
Non-Payment of Rent Notice: A tenant that is behind in rent should be given a written notice of at least three (3) days .
Holdover Notice: To terminate a month-to-month tenancy provide the tenant with at least one full month notice.
Step IV: Purchasing The Eviction Forms
Non-Payment
- X444 Petition
- X445 Notice of Petition
- T453 Warrant*: Non-payment
- T519 Judgment*: Non-payment
Holdover
- X448 Petition
- X449 Notice of Petition
- T453* Warrant of Eviction: Holdover
Step V: Service of Eviction Form
- Go to the court of jurisdiction and file the eviction forms with the court's clerk.
- Have a third party serve the eviction forms on
the tenant(s). You can choose anyone who is 18 years of age or older and who is not a party to the action, or you can hire a marshal (in the City), sheriff or
constable (outside the city) to serve the eviction papers.
City Court Marshals
6 Hall of Justice, Rochester NY 14614
| William Lambert
|
(585) 621-5027
|
| Sande Macaluso
|
(585) 544-4888 |
| Donald Maranda
|
(585) 482-9858 |
| Frank Polizzi
|
(585) 288-3593 |
| Joseph Polizzi | (585) 288-3593 |
| Richard Schneider
|
(585) 248-9456 |
Monroe County Sheriff
130 South Plymouth Avenue
Rm 100
Rochester, NY 14614
(585) 428-2320
Monroe County Eviction Courts:
City of Rochester
6 Hall of Justice
99 Exchange Blvd
Rochester, NY 14614
(585) 428-2444
| Town | Phone Number
|
| Brighton | (585) 784-5152 |
| Brockport-Village
|
(585) 637-1070 |
| Chili | (585) 889-1999 |
| Churchville
|
(585) 293-3884 |
| Clarkson
|
(585) 637-1134 |
| East Rochester
|
(585) 385-2576 |
| Fairport
|
(585) 223-0316 |
| Gates
|
(585) 426-0410 |
| Greece | (585) 227-3110 |
| Hamlin | (585) 964-8641 |
| Henrietta | (585) 359-2640 |
| Hilton
|
(585) 392-9470 |
| Honeoye Falls
|
(585) 295-4494 |
| Irondequoit | (585) 336-6040 |
| Mendon
|
(585) 624-6064 |
| Ogden | (585) 352-2115 |
| Parma | (585) 392-9470 |
| Penfield
|
(585) 340-8624 |
| Perinton
|
(585) 223-0770 |
| Pittsford
|
(585) 248-6238 |
| Riga
|
(585) 293-3884 |
| Rush
|
(585) 533-1130 |
| Scottsville
|
(585) 889-3074
|
| Spencerport | (585) 352-2149 |
| Sweden | (585) 637-1070 |
| Webster
|
(585) 872-7020 |
| Wheatland
|
(585) 889-3074 |
