[vampjules]

My tenant is under a verbal lease agreement, which I terminated by giving her a written 30 day ntoice to vacate. She was supposed to be out by September 30th. She is now refusing to leave, or to pay the remainder of September's rent, or to pay any part of October's rent. What is my next step? What papers do I need to file to bring this to court? We live in New York state, Niagara county.

[ScottGem]

On Oct 1 you should have gone to your local housing court and filed for an eviction order. Check with the County offices to see where the court is. I would go in and file today.

[Fr_Chuck]

First what type of "verbal lease " is it, is it a lease or a month to month rental. Was there reasons given for eviction notice ? If so, what was it.
But yes, you as a landlord really should know eviction laws before you rent. But you have to file for formal eviction at the court house

[vampjules]

On Oct 1 you should have gone to your local housing court and filed for an eviction order. Check with the County offices to see where the court is. I would go in and file today.

I spoke to someone at the town court. They could not tell me what forms I needed to file. I'm having trouble finding the appropriate forms. Do I need to give another notice for non-payment of rent? All the forms I find are specific to non-payment of rent, and not for this particular situation.
Thanks for your response!

[vampjules]

first what type of "verbal lease " is it, is it a lease or a month to month rental. Was there reasons given for eviction notice ? if so, what was it.
but yes, you as a landlord really should know eviction laws before you rent. but you have to file for formal eviction at the court house

It was a month-to-month verbal lease. As such I am reqired to give 30 days notice if I'm asking the tenant to vacate. I'm taking possession of the property since it's the only place I have to live since I recently lost my house. I'm sure what type of form I need to file with the court.
Thanks for your reply!

[ScottGem]

No you do not need to give another notice. I don't know who you spoke to or what was said, but the question to ask is where and how do I file for an order of eviction.

There are probably not specific forms, but rather you need to petition the court to issue an eviction order. The court will then assign a hearing date and give you a summons to serve on your tenant.

If you still can't get help from the court, try contacting this association: https://www.facebook.com/LandlordAss...GreaterNiagara They may be able to help you.

[vampjules]

On Oct 1 you should have gone to your local housing court and filed for an eviction order. Check with the County offices to see where the court is. I would go in and file today.

The only reason I didn't go to the court on Oct 1st, is that I was trying to settle this amicably with her. She says she needs more time to find a place, but has already terminated her rent payments through social services. She has refused to give me a move-out date, or pay any portion of this month's rent as well as what she owed for last month.

[ScottGem]

That's what you get for being softhearted. Have you tried contacting the case worker about payments?