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Evicting a Tenant with an Attorney
Over the past 39 years, I’m often asked by landlords how they can evict tenants. The first thing is that I need to see the lease, an itemization of the rent that’s due, and notices that have been served on the tenant. We have to go according to what the lease says as far as any notice requirements. I then will prepare whatever notices are required, also the notice of petition and petition to bring the case before the court. We will arrange for proper service of the notices and the notice of petition. We will appear in court on behalf of the landlord, and we will make sure that a warrant is signed and also a money judgment to recover for unpaid rent. After that, we will make sure that the warrant is served by the Marshall or the Sheriff.
Timeline to Evict a Tenant
- It should take no longer than three-four weeks
Documents Landlords Should Use
- The first is a lease, which will provide for attorney’s fees and late fees and provide grounds for evicting the tenant if they don’t comply with the rules
- The second is a move in/move out check list
Mobile Home Tenant Rights
Under New York law, mobile home tenants who we’ve been representing for over 39 years have some special rights because of their unique situation. For an increase in any sort of fee, they must be given 30 days written notice. For any changes in rules or regulations, a 90-day notice is required. If the mobile home tenant owns his home, usually if a warrant of eviction is granted, it would be 90 days, rather than the 72 days in the usual tenancy situation.
Evicting a Tenant who Doesn’t Pay Rent
- It will depend on a number of factors
- Normally this process takes about 3-4 weeks
Evicting a Live-In Girlfriend
- In order to evict a live-in girlfriend, you will need to serve them with a 10-day notice
- After the 10 day notice, a notice of petition and petition is served.
Are you having tenant issues? Don’t make these mistakes to cause a larger problem between you and your tenants. If so, contact the experienced Rochester Landlord Tenant Lawyers for dedicated representation and to schedule your legal consultation and case evaluation.
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