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If a tenant does not pay the rent, in New York, as
in many other states you are not allowed to lock her out. Generally,
a landlord is not allowed to use "self help" to
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evict a tenant. You may not lock out, throw out, cut off
utilities (power & water), or take the law into your own hands in any way. You must
use the judicial process: you must sue the tenant in court, giving her notice (a
"summons") of the lawsuit and a chance to defend herself. If you win and obtain
a "judgment," and the tenant still won't get out, you may then have the sheriff
or marshal physically throw the tenant out. Make sure that your apartment managers
understand this. If one of them uses self help, you are likely to be sued by the tenant.
The Eviction Process in
General:
Serve a proper notice on the tenant
Unless a tenant
refuses to leave after a fixed-term lease expires, you must begin the eviction process by
serving the tenant with a notice. A 30 day notice terminates a month-to-month tenancy. But
a shorter notice (usually 3 or 5 days) terminates any tenancy (fixed-term lease or
month-to-month tenancy) where the tenant has misbehaved in some significant way - usually
by failing to pay the rent, but also when the tenant damages the property or violates the
agreement (e.g., by having a pet in violation of a no-pets clause). Often the misbehavior
notice must give the tenant a chance to remedy the problem instead of vacating. in
real property cases.
File a proper
lawsuit against the tenant
When evicting a tenant, if the notice period expires and the tenant has
not done what the notice required, the landlord may file his lawsuit to evict (sometimes
called an "unlawful detainer" suit or "dispossess" suit or something
similar). You may handle the suit yourself, but this is usually a bad idea. Since the suit
seeks to "forfeit" the tenant's estate and evict her from her home, and because
eviction suits are given special privileges (such as priority on the court's calendar),
the law usually requires landlords to "strictly comply" with all technical legal
requirements. It is very easy for someone not a lawyer to make mistakes in eviction suits
and this might cause dismissal of your lawsuit and result in teh tenant getting a judgment
against you for her costs and perhaps even her attorneys fees. If you want to evict, see a
lawyer who specializes in these cases.
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