Can you give me Advice on kicking out non paying tenants in ny?
Topic: Stationary writing paper
July 19, 2019 / By Carreen Question:
They haven't paid rent in 5 months and won't move and we want to kick them out really fast. Is there anything we can do? We have talked to a lawyer and they said that the court won't kick them out before 6 months. Is there anyway we can kick them out faster?
Best Answers: Can you give me Advice on kicking out non paying tenants in ny?
Angelique | 1 day ago
If you already talked to a lawyer then you already know the correct answer. It sounds like this:
You give 30 days notice of termination and eviction for nonpayment (preferably in writing) at least 30 days before the next rent is due (i.e., before the end of the current month's rent). You buy the forms at a stationery store, fill them out and file for a court order of eviction ("dispossession for non-payment") from the Housing Court ($45 fee) and have the tenant "served" with papers.
You go to a hearing and bring your deed, lease, payment records, witnesses, etc. You get a settlement, stipulation or court warrant of eviction. If there was a settlement or stipulation but the tenant still doesn't pay, you have the City Marshal go back and get a warrant of eviction. The City Marshal then evicts the people, although they may petition for a "hearing to show cause", to obtain more time.
Note that the tenant will ALSO have the right to raise various defenses, such as anything that you have not repaired or other things that you did that violate the lease. You should deal with those immediately, to demonstrate "good faith" if you have to go to court for the eviction.
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Originally Answered: I need advice with paying a hospital bill. please help?
The number one reason for bankruptcy is medical bills.
Go to your library or bookstore
Get a book called Bankruptcies for Dummies or The Idiots Guide to Bankruptcies
Not trying to insult you -these are real books. Well written and easy to understand.
This could be something you may be facing in the future when the bill collectors start coming after you. I want you to be well aware of how a bankruptcy can destroy credit and all the in's and out's. What to expect and what the process is
Landlord-tenant law is fairly clear but varies state by state. You probably have to give them notice, depending on where you are this could mean you have to tell them how much they owe, when you expect them out. The law will also specify how long you must wait.
You may need to pay a process server but this will show them that you are serious.
Document everyting you have done.
At some point, after you've followed the letter of the law, you are allowed to go in a seize property and begin to move them out.
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Why have you not filed a complaint with the court? If you've waiting 5 months you may as well start now. I don't think a lawyer is the way to go....you need to head to the courts yourself. Then up your security deposit in the future to 6 months in advance.
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Here in canada, we have whats called the landlord and tenants act, however in most cases you would have to come before a renters tribunal and that would still take 2 months. But try and find the equivalent online for your state.
Here are some links for just that..
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All you can do is legally evict them.
You can't "kick them out". If you do not follow the proper eviction procedure, then the tenants can sue you for illegal eviction. Then you get to pay them lots of money.
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