For both resident and tenant, eviction is a tough subject to broach and you may be worried about how you are going to handle it. Here are some things to consider when evicting or being evicted.
Eviction of Nonpaying Resident
The first step to evicting a tenant for nonpayment of rent is to serve a notice on the tenant to pay rent or get out. After that the city or town court papers are served on the tenant for nonpayment of rent. You need to check your lease to see what the time requirements for the nonpayment notice. If there are no time requirements, it is a three-day notice that must be properly served on the tenant.
Evicting a Live-In Girlfriend
I am often asked how to evict a live-in girlfriend or relative. This person under the law is considered a licensee. Only a ten-day notice is required before starting the eviction process using a notice of petition and petition.
Time-frame for Evictions
A common question that is asked is how long does it take to evict a tenant. If the eviction process is properly carried out, it should take no longer than three or four weeks to evict a tenant. A number of factors will be involved such as the court’s schedule and the grounds for evictions.
Defenses to Evictions
On the other side of evictions, tenants often ask me what defenses they would have to an eviction brought by a landlord. The first defense is retaliation if the landlord tried to evict the tenant within six months after they complain to a government authority such as the health department or the city building department. The second defense is the breach of the warranty of habitability if the apartment is not safe or a danger to the tenant’s life, health, or safety, they may have a right to withhold rent or have a reduction in the rent. There are also many procedural defenses available to the tenant including failure to properly file, prepare, and serve the various eviction documents.
If you want guidance through evictions, please contact our experienced Rochester Real Estate Attorneys Friedman & Ranzenhofer, PC.
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