Trouble with a tenant keeping current with rent.
This is in arrears 2 months. State is N.Y.

Tenant is always in arrears with their rent. At present they are two months behind. My property is located in the state of New York Dutchess County. I'm losing my patience.

I need advise on the best way to evict a tenant. Presently they are two months in arrears of their rent. In the past year I've had to make many trips (sixty-five miles) to correct partial payments. I've had it! Any advise would be greatly appreciated.

Each state has its own eviction process so Google NY evictions and you will get fairly accurate info. Wriiten notice, posting all must be done witin certain time limits.

Please don't start a new thread each time you want to add info. I've merged your threads.

You have to start by giving your tenant a written notice to pay all arrears in full or vacate the premises within x days. The number of days depends on the law in the state where the property is located. In NY I believe a 3 day notice is required.

If the tenant hasn't paid in full within that time then you have to file a lawsuit for eviction. If the tenant still hasn't paid all amounts in full by the court date then the judge will grant you a judgment. Once you have a judgment you provide it to the sheriff or constable and they will perform the eviction.

Does the tenant have a lease? If so when does the lease expire? The one drawback to the method Lisa gave you is that, if they do pay in full, then you are back to square one. If you just want them out, then you have to give then a termination of lease notice which usually means a 30 day notice.

The NYS law on this can be found here:
NYS Real Property Actions and Proceedings Law (RPAPL) (http://www.tenant.net/Other_Laws/RPAPL/rpapl07.html)