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-   -   How do I evict a tenant in NY state? (https://www.askmehelpdesk.com/showthread.php?t=246923)

  • Aug 8, 2008, 06:59 PM
    kmg5019
    How do I evict a tenant in NY state?
    Hello, I have a tenant in a two-family home that is now 9 days late on rent. I would like to have them evicted because they are just problem tenants. How do I go about doing this step by step?
  • Aug 9, 2008, 07:06 AM
    excon
    Hello k:

    We have a copy of the landlord/tenant laws for NY at the top of the real estate page on a sticky note. It will tell you exactly what you have to do.

    excon
  • Aug 9, 2008, 08:40 AM
    JudyKayTee
    Quote:

    Originally Posted by kmg5019
    Hello, I have a tenant in a two-family home that is now 9 days late on rent. I would like to have them evicted because they are just problem tenants. How do I go about doing this step by step?


    NYS eviction is a legal process with procedures which must be strictly followed. The landlord CANNOT just call the police and have a tenant evicted because he wants the tenant out. The tenant has the right to due process.

    Under NYS Law, a landlord seeking to evict a tenant for non-payment must first give the tenant a chance to pay, by giving the tenant a three-day (3 day) notice in writing, stating that the tenant has three days to pay all the rent in full or the tenancy will be terminated.

    The eviction can be started following the three (3) day notice if no payment is received.
    The landlord then files a petition and obtains a hearing date. The hearing date MUST be scheduled between five (5) and twelve (12) days after the tenant is served.

    Service is made either by having a third party (not the landlord and it is not particularly wise to have a relative of the landlord do the service) personally hand the petition to the tenant. If the tenant is avoiding service it may be made by nailing the petition to the door and sending a copy by mail (nail and mail) as soon as possible - I would mail it the very same day. An Affidavit of Service will be provided by the Court and it must be completed by the person who does the service. If service is made by nail and mail and the tenant does not appear in court the landlord will get an eviction warrant but will NOT get a money judgment for unpaid rent - however the landlord will get the warrant and will have to go to Small Claims Court in a separate action and sue for unpaid rent.*

    If the judge finds that the tenancy is terminated because of non-payment he/she will sign a warrant of eviction. The landlord may also obtain a money judgment for the arrears due in rent if personal service was made and the tenant makes a personal appearance in court.

    Once the warrant of eviction (this is NOT the same thing as an arrest warrant) is signed by the Judge the landlord then submits the warrant to the sheriff. The sheriff must give seventy-two (72) hours notice to the tenant before enforcing it and evicting the tenant.

    The landlord has no right to garnish wages without a money judgment. *If the landlord does not get a money judgment during the eviction proceeding, he may sue the tenant in small claims court at a later date.

    The landlord tenant law in NYS is favorable to the tenant. There are strict procedural rules and if the tenant comes to Court with the past due rent and late fees the landlord must accept them and the Judge will NOT order eviction. The landlord would then have to attempt to evict for breach of contract or some other grounds.
  • Jun 28, 2012, 04:16 PM
    hello1912
    I have a question I am having problems with a tentant and she has not paid the security deposit and she invades my privacy , she steals from my rooms , I have found my dvd's in her room and she says she has laws. I need to know asap ,of how I legally and properly in a very matured manor get this woman evicted from my house within a very short amount of time . Thank you
  • Jun 28, 2012, 05:00 PM
    excon
    Quote:

    Originally Posted by hello1912 View Post
    how i legally and properly in a very matured manor get this woman evicted from my house within a very short amount of time . thank you

    Hello hello:

    You need to EVICT her according to the laws of your state.. It usually begins with a written 30 day notice to vacate. If she doesn't leave by then, you have to evict her IN COURT.

    Excvon
  • Aug 25, 2012, 07:22 PM
    tamstew
    My landlord is selling house. My rent is paid up till the 15 of the month. The new owners want us out. What happens now
  • Aug 26, 2012, 06:13 AM
    JudyKayTee
    Quote:

    Originally Posted by tamstew View Post
    my landlord is selling house. my rent is paid up till the 15 of the month. the new owners want us out. what happens now


    You either enter into a compromise with the landlord or he/she evicts you according to your lease and in complance with your State's laws.
  • Aug 26, 2012, 06:27 AM
    excon
    Quote:

    Originally Posted by tamstew View Post
    the new owners want us out. what happens now

    Hello t:

    The new owners will inherit your lease/rental agreement, so from a legal standpoint, nothing has changed. If you only have a month to month agreement, and depending on where you live, the landlord can probably terminate the agreement with 30 days WRITTEN notice. If your agreement goes from the 15th to the 14th, then he needs to give you notice on or BEFORE the 14th, and you'll have to be out by the middle of the NEXT month.

    If you have a longer term lease, and the new landlord wants you out, you can certainly NEGOTIATE a buy out of your lease... Two to three months worth of rent would be a GOOD place to start.

    excon
  • Mar 7, 2013, 06:26 PM
    matrobmel
    Does New York state law state that 3 attempts have to be made to serve eviction notice before personally before leaving with resposible person
  • Apr 26, 2013, 06:45 AM
    hobie850
    Hello, I divorced my ex in Nov. 2013, I left her and the house we jointly owned in Sept. 2013 due to her constant cheating. I did the divorce myself, and put strick time lines in for her to refinance if she wanted to keep it and a portion of the mortgage she was to pay every month and I paid the remainder. It is in the settlement that if she misses more than two months of her share, she had to vacate within 30 days. She hasn't paid in 3 months and refuses to leave. Suggestions?
  • Apr 26, 2013, 06:49 AM
    JudyKayTee
    I don't understand the paperwork which contained this language - a divorce settlement?

    The dates you give are in the future, not the past. It is April 2013. September 2013 is months ahead.

    You cannot change the terms of a mortgage with any other paperwork. In some States the agreement you seem to have struck is not enforceable.

    I am also in NY - I'm amazed that you were allowed to represent yourself in a divorce. I am more amazed that she was not represented (and it appears she was not).

    Did she consent, sign, something else? I think you are going to have difficult enforcing what you believe is your agreement, particularly if she was unrepresented and your "agreement" was not in accordance with NY State Law.
  • Apr 26, 2013, 07:31 PM
    hobie850
    Quote:

    Originally Posted by JudyKayTee View Post
    I don't understand the paperwork which contained this language - a divorce settlement?

    The dates you give are in the future, not the past. It is April 2013. September 2013 is months ahead.

    You cannot change the terms of a mortgage with any other paperwork. In some States the agreement you seem to have struck is not enforceable.

    I am also in NY - I'm amazed that you were allowed to represent yourself in a divorce. I am more amazed that she was not represented (and it appears she was not).

    Did she consent, sign, something else? I think you are going to have difficult enforcing what you believe is your agreement, particularly if she was unrepresented and your "agreement" was not in accordance with NY State Law.

    Yes it is a Settlement Agreement.
    I apologize, the years are wrong it was last year, 2012.
    The divorce is done, the Judge signed it in Nov 2012.
    I filed the Quit Claim Deed yesterday and officially had her removed from the deed. I've asked her nicely, and really do not want to go through the eviction process but I am afraid I may have no choice.
    Thank you for your reply!
  • Oct 17, 2013, 10:30 PM
    ecogdell1
    My friend has friend has a couple renting a room from him. The state pays there rent. My friend is begun to get sick and is in and out of the hospital. When he goes in the hospital, he is now handicapped from complications from diabetes.when he goes into the hospital, the tenants steal his car, they are constantly using drugs in the home and now tried to steal his disability check, how can he get them out fast? if the guy gets arrested can the woman remain. He wants them both out.

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