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    saddad212's Avatar
    saddad212 Posts: 7, Reputation: 1
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    #1

    Oct 20, 2011, 10:07 AM
    Evicting a Tenant
    I rent a room in my long Is home. My tenant is behind and I can no longer wait. I want him out,and I can't afford a lawyer! What are the steps I need to do? Also can I type up an eviction notice myself and give it to him?
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #2

    Oct 20, 2011, 10:09 AM
    By "long Is" are you meaning "Long Island, New York"?

    I am not the one to answer your question, but am just asking so that our experts can help you based on where you are.
    dazzling83's Avatar
    dazzling83 Posts: 9, Reputation: 3
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    #3

    Oct 20, 2011, 10:25 AM
    You must write the whole story only then one can help you, your question shows only problem but if you want the help of lawyer then you must tell (Place, how long he is residing, commercial or residential place, amount of rent, and all other things)

    I think you understand what I mean...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 20, 2011, 02:06 PM
    You have to go by formal eviction rules, You should be able to find most of the forms online. But you will have to give them a written notice that tells them to pay the rent or get out. ( pay or quit).

    If they don't pay, you then file in court for a formal eviction.

    Is your home zoned for a rental ?
    RickJ's Avatar
    RickJ Posts: 7,762, Reputation: 864
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    #5

    Oct 21, 2011, 03:48 AM
    Saddad, here is a link to New York Landlord-Tenant Laws summaries:
    Tenant Rights, Laws and Protections: New York - HUD

    And here is the actual code:
    http://codes.lp.findlaw.com/nycode/RPP/7

    In many states the laws (and procedures for eviction) are different for a renter in a home that you also live in, so be sure to look carefully to be sure that you are getting the right information about your situation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 21, 2011, 03:56 AM
    Quote Originally Posted by dazzling83 View Post
    you must write the whole story only then one can help you, your question shows only problem but if you want the help of lawyer then you must tell (Place, how long he is residing, commercial or residential place, amount of rent, and all other things)

    i think you understand what i mean ...
    I don't. The facts were clear here. The OP is renting a room in his home and the tenant is behind in his rent. The only question here was where the home is to determine local laws.


    Saddad,
    You may find this link more helpful: New York Eviction

    You need to give the tenant a 3 day pay or quit notice. You can type this up and give it to him yourself. It is a simple notice:

    Due to the fact that you rent of $x was due on <insert date> and has not been paid and that you now owe <insert amount>, you have until <insert date 3 business days later> to pay this amount in full or vacate the premises. If you do neither we will proceed with the eviction process.

    If they do not meet the deadline, then you will need to go to the County Clerk to file for an eviction order.

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