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Same way you evict anyone. Check with your local court house for the exact procedure. Generally, you have to give a 3-7 notice. If they ignore that, you have to file for eviction with the court. A hearing is scheduled and, if you win, an eviction order issued. If they ignore that, you hire a sheriff to physically remove them and their belongings.
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My mother just went through this with her tenents in NY, you must:
1) go to your local housing court and file eviction notice. 2) tenents will then get a notice stating you want them out for x,y,and z and have to the chance to show good cause. Meaning they can challenge what you said. 3)If they challenge they will go to court and file their paperwork to back up their side of the story. 4)Both parties will get a court date and go before a judge who decides the faith. 5)Next you wait for an decision. note if the tenent don't answer the notice the landlords wins, but it takes time it took my mother 3 months. But your best thing is always go your local housing court and note eviction might not happen right away only if there's an immediate danger and if that's the case call the cops because that's what I did when I had a roommate because she was crazy. The cops kick her out on the spot. Alsol there's a fee to file paperwork. |
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I need to note here the difference between an eviction and a vacate order. A landlord can give a notice to a tenant to vacate the premises at any time as long as its within the terms of the lease. If there is no violation of the lease the landlord can give notice to vacate 30-60 days prior to the expiration of the lease. If there is a violation of the lease, the landlord can give a vacate order immediately after the violation occurs.
An eviction, however, requires going through a legal process (like liz described). It becomes necessary only if the tenant refuses to vacate. So the first step should be a notice to move out by x date. Do not make dire threats other than that if they don't vacate, you will be forced to pursue legal remedies. Make sure you have proof of the delivery of such a notice. Then, if the tenant doesn't leave by the deadline, you can follow the legal process. |
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