I want to evict my tenant!

On January 3, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

So, you want to evict your tenant.

Is there a lease? Has it expired? Month-to-month?  Rent stabilized/controlled? Legal/illegal apt? Section 8 tenant? Multiple family dwelling? Which County?…..all important questions.

Generally, you will be bringing a Non-payment or Holdover proceeding:

Lease exists, but tenant not paying
In a Non-payment action the Landlord needs to make a “rent demand” (usu. 3 day notice and can be made orally, but see what the lease says). Landlord can file the petition and notice of petition for non-payment if no rent paid by day #4. You will have to have the tenant(s) properly served with the petition and notice.  Usually, if tenant pays, tenant stays!

Expired lease or month-to-month tenancy
In a Holdover action you may have to have the tenant(s) properly served with a “30 day notice to quit.”  This can be tricky . You will file a holdover petition and notice of petition and have tenant properly served with same.

The above is far from complete.  We are  just trying to give you some insight. Hope it helps. Good luck!

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As always, The Long Island Landlord-Tenant Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501.  Contact us at (516) 858-2620 to arrange a consultation with a  Landlord-Tenant attorney.

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