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  1. #1
    wongb18c is offline Junior Member
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    Question 3 months no rent, want to evict - total newbie

    What is the name of your state (only U.S. law)? New York

    My question involves an eviction in the state of: New York

    Hello, I'm renting out a house and the tenant hasn't paid the rent for 3 months. He doesn't answer the phone, and I live far away from the house I'm renting out so it's very difficult for me to go there and check up on what he's doing. In anycase, this person doesn't seem to be very trustworthy, and I want to take legal actions to evict him.

    I never took legal action against anyone before I'm really new at this and need some newbie advice. I'm wondering, can I file a claim and summon him to small claims court? I have copies of the tenants rent application, rent deposit form (signed), driver's liscense and some other documentation such as pictures of his pets etc. The only problem is that to this day, he still has not signed the lease contract, I only have a copy of the lease contract with my signature and date. I've never been involved in any legal conflicts so I'm totally ignorant as to what I should to or the steps I should take to take this individual to court, so I have to ask some stupid questions:

    1. Do I even have a case legally without a signed lease contract from the tenant?
    2. How do I file a small claims court case?
    3. Are eviction cases handled in small claims or superior courts in NY?
    4. If eviction cases are only handled in superior courts, do I need a lawyer, and in this case what about my 3 months rent money?
    5. My house for rent is located in Long Island NY, how do I locate a small claims court near by me?
    6. What is the legal limit for SCC cases (I'll be sueing for 3 months rent which amounts to 4800 dollars).
    7. Any other suggestions and or information that I should know but missed.


    Thank you so much for reading my question. Any answer or help would be greatly appreciated. If anyone has personal experience with rent/tenant conflicts, please email me at [email]wongb18c@gmail.com[/email].
  2. #2
    FarmerJ is offline Senior Member
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    Since you have no idea , the best way for this first time is to pick up your local yellow pages or use the links above and locate a atty who specializes in doing evictions. YES pay to have it done right since you did not take the time to learn more about it before renting the home out. THEN once you have a atty to handle it you are able to take the time to learn about it to prevent it the next time.
  3. #3
    wongb18c is offline Junior Member
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    Quote Originally Posted by FarmerJ View Post
    Since you have no idea , the best way for this first time is to pick up your local yellow pages or use the links above and locate a atty who specializes in doing evictions. YES pay to have it done right since you did not take the time to learn more about it before renting the home out. THEN once you have a atty to handle it you are able to take the time to learn about it to prevent it the next time.
    Thanks for your arrogant and helpless advice. =(
  4. #4
    BL
    BL is offline Senior Member
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    You live far away , so are considered an absent landlord w/o management .

    Not a good idea at all .

    Hire an attorney .
  5. #5
    ecmst12 is offline Senior Member
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    Farmer's advice was the best advice you could get. Once the tenant is already 3 months behind, that is not the time to START learning how to evict someone, not if you want to get him out quickly, not if you want a judgement for the rent owed too, not in NY which is one of the most tenant-friendly states in the country. If you want it done right and done fast, hire a professional, watch and learn.
  6. #6
    wongb18c is offline Junior Member
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    Quote Originally Posted by ecmst12 View Post
    Farmer's advice was the best advice you could get. Once the tenant is already 3 months behind, that is not the time to START learning how to evict someone, not if you want to get him out quickly, not if you want a judgement for the rent owed too, not in NY which is one of the most tenant-friendly states in the country. If you want it done right and done fast, hire a professional, watch and learn.
    Understood, I guess it's because I'm very ignorant when it comes to real estate legal issues, it appeared to me that Farmer wasn't really trying to help me, just telling me to go hire a lawyer.
  7. #7
    Gail in Georgia is offline Senior Member
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    If you still wish to attempt this yourself..

    [url=http://www.tenant.net/Court/Howcourt/sclaim.html]TenantNet - New York Small Claims Court[/url]

    Gail
  8. #8
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by wongb18c View Post
    Thanks for your arrogant and helpless advice. =(
    I thought it was very GOOD advice...
  9. #9
    Gail in Georgia is offline Senior Member
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    I thought it was GREAT advice since New York can be a tough state and the landlord is new and doesn't live close to the rental.

    Gail

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