When a landlord has difficulty with a tenant, eviction may be necessary. As a Yonkers eviction attorney Bronx 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 evict 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 Yonkers eviction attorney can help you prepare the right paperwork and get it to the tenant. The tenant generally has three days 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 other people on the premises, 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. If the issue persists after ten days, the landlord may proceed with a formal eviction.
Terminating a Tenancy
When the term of the lease expires, the landlord must decide whether he wants the tenant to stay. If not, 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).
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. An attorney can help 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 requires the tenant be served personally. The landlord is not permitted to serve the tenant directly. A process server must be used. Your attorney can help you find one. In general, the process server must be over 18 years of age, mentally competent and not a party to the litigation.
What Happens Next
The tenant will have a chance to respond to the eviction petition. Ultimately, the judge decides whether the eviction has merit at a hearing.
To discuss your case with an experienced Yonkers eviction attorney contact the offices of Rogers & Rogers, Esq. To schedule an appointment for an initial consultation, call (718) 994-1640.