How do I go about evicting a tenant that is on a month to month lease . The reason I want her gone is because I'm planning on selling my house plus she owes me back rent from last year .

How do I go about evicting a tenant that is on a month to month lease in Albany, NY . The reason I want her gone is because I'm planning on selling my house plus she owes me back rent from last year .

You're going to have to give your tenant a written notice that the tenancy is terminated and they must move out within xx days. The exact number of days depends on the state where the property is located. Tell us where you are and we'll tell you the number.

If they haven't moved out within that time then you need to file a lawsuit for eviction.

Ah... just saw your other thread so I merged them.

In NY you are required to give a tenant 30 days written notice to terminate their tenancy. You are not required to give them a reason for termination.

If you want you can give a shorter notice for non-payment of rent but if they pay the amount in full at any time up until the court date then you will have to start all over again with a new 30 day notice. So your best bet is to give them a 30 day notice now.

Ah... just saw your other thread so I merged them.

In NY you are required to give a tenant 30 days written notice to terminate their tenancy. You are not required to give them a reason for termination.

If you want you can give a shorter notice for non-payment of rent but if they pay the amount in full at any time up until the court date then you will have to start all over again with a new 30 day notice. So your best bet is to give them a 30 day notice now.




Do I have to take her to court ?

Do I have to take her to court ?

If she doesn't move out by the date on the notice then yes, you have to take her to court to evict her. You can't just change the locks or anything like that. You have to file a lawsuit for eviction.

If she doesn't move out by the date on the notice then yes, you have to take her to court to evict her. You can't just change the locks or anything like that. You have to file a lawsuit for eviction.
Ok does the termination notice have to be notarized or can I just write it on a piece of paper and put it in her mailbox ?

Notarization isn't necessary. You can write it out but make sure you sign it. Also it would be a good idea to hand it to her rather than putting it in her mailbox. Then you can tell the court that you served it on her and she can't claim she didn't receive it.

Make sure you keep a copy of the notice for yourself!

You may have to prove you gave her notice. So having it served by a process server or sending it via certified mail may be options.

You may have to prove you gave her notice. So having it served by a process server or sending it via certified mail may be options.
Ok thank you

Ok thank you

If my tenant owes me money but there are things that need to be fixed within the home can I wait for payment to fix them or do I have to do it now ?

If repairs are required then you need to fix them regardless of whether your tenant has paid the rent.