How do I remove a tenant who moved in just 2-3 weeks ago?

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How do I remove a tenant who moved in just 2-3 weeks ago?

I understand that eviction proceeding is not necessary if tenant resides in my apartment under 30 days (and thus has not established residency). But what do I actually need to do to get rid of such tenant if he does not leave voluntarily after I cancel the lease?

Asked on February 2, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, once a tenant takes occupancy of a rental, a minimum 30 day notice is required to begin the eviction process against the tenant where the 30 day notice needs to be served upon the person desired to be evicted.

If the tenant that you are writing about does not leave within the 30 day time period after being served with the 30 day termination notice of the tenancy, you will then need to file an unlawful detainer (eviction proceeding) in the county court house where the property is located against the tenant and have the tenant served with the summons and complaint.

If matters come to the point where you need to file an unlawful detainer action, I suggest that you consult with a landlord tenant attorney to assist you.


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