What is the best way to evict a tenant?

UPDATED: Sep 11, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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