5 Things to Consider When Evicting a Tenant in New York
Having a tenant subject to eviction is rarely a pleasant experience2 min read
Having a tenant subject to eviction is rarely a pleasant experience. For both landlords and tenants, evicting a tenant is frustrating and time consuming. To ensure the process runs smoothly, it’s important for both parties to understand their rights and the responsibilities of the other. In particular, it’s essential for landlords to understand what is necessary to evict a tenant in New York. Here are five common considerations when evicting a tenant in New York.
Develop a Legal Eviction Notice
In order to begin the eviction process, landlords must present the tenant with a legal eviction notice. Depending on the situation, however, the type of eviction notice required may be different. For example, if the tenant has failed to pay the rent, the landlord must issue a 3-day notice to pay rent, or else quit. In some cases, these forms are available online, whereas in other cases, the landlord may require the assistance of a business attorney to properly formulate the notice.
Engage an Attorney
Depending on the complexity of the eviction process, engaging the services of a business attorney may be necessary. Business attorneys are experienced in landlord-tenant law and can provide an invaluable source of expertise in the eviction process. With an understanding of New York State tenant regulations, a business attorney can represent a landlord in court. Also, even if the tenant does voluntarily vacate, there are certain legal steps that a business attorney can complete to ensure the process is carried out properly.
File for an Eviction
Once the eviction notice is issued, the landlord can begin the formal eviction process. This requires the landlord to submit a petition to the local county court, which will then be heard by a judge. Here, the landlord must provide information that upholds the validity of the eviction notice. For example, if the tenant has failed to pay the rent, the landlord is expected to provide proof in the form of a copy of the eviction notice and any other relevant documents.
If the tenant has failed to pay rent, or otherwise caused damage to the property, the landlord may be able to recoup compensation in the form of damages. Therefore, it’s important for landlords to document any damage caused by the tenants, preferably with video or photographic evidence. This can be presented in court and will help the landlord’s case when pursuing compensation.
Secure Rent Payments
In order to secure future rent payments after an eviction, landlords must ensure rent is paid on time. This means landlords must establish a rental agreement that outlines stipulations for late payments or missed rent. Also, the landlord should ensure they are photographing, or otherwise documenting, any evidence of unpaid rent prior to eviction.
Evicting a tenant in New York is a process fraught with potential frustrations and delays, which is why it’s essential for landlords to understand their rights and the rights of the other parties involved. To ensure the eviction process is carried out legally and efficiently, landlords must guarantee they are developing a legal eviction notice, engaging a business attorney capable of navigating New York State tenant regulations, filing for an eviction, collecting damages, and securing consistent rent payments from the tenant.