When a landlord has difficulty with a tenant, eviction may be necessary. As a Mount Vernon eviction attorney can explain, eviction is a complicated process. If the landlord fails to follow the necessary legal eviction steps or attempts to perform a self-help eviction, he or she may need to start over from scratch plus face fines and costs.
Evicting a Tenant for Failure to Pay Rent
Non-payment of rent is one of the most common reasons landlords may choose to start an eviction case against a tenant. If your tenant falls behind in rental payments, you must serve him with the appropriate paperwork to put him on notice of the consequences. A Mount Vernon eviction attorney can help you prepare the right paperwork and get it to the tenant. The tenant generally has not less than three days from when he receives the notice to bring his rent up to date before formal eviction proceedings can start
Evicting a Tenant for Violating a Lease
Just as with a non-payment of rent case, a tenant must be given the requisite notice before a formal eviction can start if he has violated the terms of a lease. A qualified housing lawyer can review the lease with the landlord and discuss the tenant’s legal options. Common lease violation cases may involve unauthorized pets or subletting the apartment, destruction of the property, loud noises etc. The landlord must serve a Notice to Cure on the tenant and give the tenant an opportunity to remedy the issue. After the notice period expires, if the issue persists, the landlord may proceed with a Notice of Termination and then start the Holdover.
Terminating a Tenancy
When the term of the lease expires, the landlord must decide whether he wants the tenant to stay. If the Landlord accepts rent after the term of the lease expires. the landlord must serve a termination notice to the tenant. The tenant will have time equal to one rental period to vacate (i.e., if it’s a month to month lease, the tenant gets one month to move out after receiving the notice if a weekly rental tenant gets one week).
Going to Court
Whether the landlord serves a non-payment, lease violation, or termination notice, the next step is filing the case in court. This can be done if the tenant hasn’t paid, cured the defect, or moved out. Your attorney will prepare the formal eviction Petition and file it on the landlord’s behalf in housing court. Proper service must be made on the tenant. The law sets forth the procedure the licensed process server will use to serve the tenant. The landlord is not permitted to serve the tenant directly. A licensed process server should be used.
What Happens Next
The tenant will have a chance to respond to the eviction petition. Ultimately,there will either be a Stipulation of Settlement drafted by your attorney or the judge will decides whether the a Judgment on your behalf will be entered at Trial of the case.
To discuss your case with an experienced Mount Vernon eviction attorney, one who has more than thirty years of experience, contact Evan Rogers Esq, of the law office of Rogers & Rogers, Esq. To schedule an appointment for an initial consultation, call (718) 994-1640 or email them at firstname.lastname@example.org