Now that we’ve sent a 3 day eviction notice to our tenant, what’s next?

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Now that we’ve sent a 3 day eviction notice to our tenant, what’s next?

My tenant has not been paying several months rent. We agreed to a settlement after I threatened with an eviction letter but he said he would agree to the settlement and give me a sum of money by a certain date and he failed to do so. I decided that I should send him an eviction notice. I gave the court all necessary documents but I’m not sure what the next thing to do is.

Asked on December 9, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If an eviction notice has been served on your tenant through you, I suggest that you retain a landlord tenant attorney to represent you in the matter to continue with the unlawful detainer action to its end.

An unlawful detainer action needs to be filed as to the tenant where the summons and complaint issued by the court clerk is filed. The tenant is then served with the summons and complaint. The defendant either anwers the complaint or not. If answered, there will be a trial date. If no answer, a default will be entered where a prove up is needed and an order of eviction needs to be issued by the judge as to the tenant.


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