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lizgala · Oct 10, 2011, 07:33 PM

I have a one year lease with tenants which began March 15th, 2011. They have been about three weeks late every month since they moved in. Now they are over a month late. I would like them to leave as we also have personality clashes. Do I have a right to void the lease because of the rent? How would I proceed to get them out without a lawyer?

ScottGem · Oct 10, 2011, 07:44 PM

First, ANY question on law needs to include your general locale as laws vary by area.

You have to follow the eviction process for your area. This generally means given them a 3-10 pay or quit notice. If they don't pay in full or vacate, by the deadline then you need to go to court for an eviction order.

lizgala · Oct 10, 2011, 07:51 PM

Property is in Nassau county, New York. Once the pay or quit notice goes out what is the eviction order procedure and do I need a lawyer?

Fr_Chuck · Oct 10, 2011, 07:55 PM

If you are a land lord, your first stop should have been to an attorney to have them write the lease, and have forms ready for notices and eviction.

Once they are late, late at all, you give them a notice, also what is the late fees and are those being paid ?

Why are you not giving a notice after being at least a week late ?

Does the lease allow you to evict if they are late several months in a row, ** all of mine do.

lizgala · Oct 10, 2011, 08:13 PM

My lease was storebought and has a clause called Default. It states that if any default is made in the payment of rent the lease will be terminated at the option of the lessor and lessor may enter premises and remove all persons. Can I do this or do I need a lawyer to do this?

ScottGem · Oct 11, 2011, 03:37 AM

Originally Posted by lizgala

My lease was storebought and has a clause called Default. It states that if any default is made in the payment of rent the lease will be terminated at the option of the lessor and lessor may enter premises and remove all persons. Can I do this or do I need a lawyer to do this?

That's what you get for buying a storebought lease. That clause is illegal in NY. The only legal way to remove a tenant is via a court order. You don't need a lawyer to do this however.

See: Evictions process in Nassau, Suffolk and New York City

You have to serve them with a 3 day pay or quit notice. After that you file for an eviction with the County Clerk in Mineolal. The one kicker here is that they have the option to pay in full, including late fees to forestall your going to court. If they do that, you have to start over.

lizgala · Oct 11, 2011, 05:27 AM

How do I get a court order without a lawyer? Any idea what an adverage lawyer would cost to handle this?

AK lawyer · Oct 11, 2011, 06:15 AM

Originally Posted by lizgala

How do I get a court order without a lawyer? Any idea what an adverage lawyer would cost to handle this?

You have asked about a lawyer four times now. You have been given a link to a site which answers many eviction questions in your jurisdiction. What part of that site don't you understand?

The answer is, yes, you can do it without an attorney if you know what you are doing or at least know how to teach yourself what to do. But you are liable to make mistakes. That is what a lawyer is for: to do it without the most common mistakes.

What does an average lawyer charge to do this? Not being in Nassau County, I don't know. Why don't you ask one?

ScottGem · Oct 11, 2011, 07:16 AM

Just Google Nassau County NY Evictions and you will find links to lawyers who handle such actions. While Nassau County lawyers tend to be expensive, this is a fairly simple process, so shouldn't be too expensive. Call around for a price, you will probably find set rates, $X for the process.