What is the best way to evict a tenant?

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What is the best way to evict a tenant?

I am a landlord and I have a very troublesome tenant. I want to evict him because the rent has been consistently late for the past 6 years and lately he has been extremely arrogant and disrespectful and I feel like it is time for him to leave. I want to give him a 6 month notice but I have a feeling at the end of the 6 months, he will claim that he never received the notice (he will not respond to me and if I ask him to sign the eviction notice, he will say that he doesn’t have the time or that he’s running out, and that he will do it later). What should I do?

Asked on September 11, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read your written lease (assuming you have one) with your tenant in that its terms and conditions control the obligations you owe him and vice versa over the rental absent conflicting state law.

If the rental is on a month-to-month presently, you can serve him with a thirty (30) days notice to quit through a registered process server to end the lease. If the lease has more than thirty (30) days remaining upon it and the tenant is late with the rental payment, you can serve him with a thirty (30) day notice to terminate the lease by way of a registered process server to end the lease.

If the tenant does not vacate in the thirty (30) day time period, you will be foreced to file an unlawful detainer action against him to evict him.

Another option is to consult with a landlord tenant attorney to assist you with this problem tenant.

Good luck.


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