New York Holdover

[edward100]

What is the name of your state? New York Suffolk County Long Island

When a lease is up how do you get a tenant out that does
not move out? I want the fastest way possible.

What form do you file in New York, Long Island -- Notice to Quit, Notice of Termination of Lease, or some other form?

Can I file it myself or do I have to get a lawyer?

Does it have to be served by a process server, followed by certified mail?

Once they are out can I file a claim in small claims court to get
the back rent they owe?

 

[Veronica01]

It apears from your post that tenant fails to pay rent. File for eviction for nonpayment of rent. Follow the procedure of the county where you live. Generally, the clerk of the small claims court can give you the directions as to how to do it, or browse NY law in the internet.

 

[oopsidaisy]

First you have to REFUSE the rent.

You have to make sure its a legal apartment, not in the basement or attic, or garage. Otherwise housing court is not going to let you evict them, you have to go to supreme court.

Yes it should be served by a process server and followed up with a certified letter, the more proof you have to show the court the better chance you have to thwart any attempt by the tenant to claim they were not served properly.

Anyway all legal fees and cost are deductable as a business expense when you file your income taxes.