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Tenant refuses to leave

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aridni99

Guest
What is the name of your state? New York
I have a Tenant on a month to month rental agreement/lease. On 11/06/04 he was given written notice to vacate the apartment by 12/06/04. The Tenant is currently 3 months past due on the rent and called me on 11/30/04 saying that he will be paying part of the due rent on Friday 12/03/04. I advised that I do not want anything but for him to leave the property. The Tenant advised that he is not going anywhere and that he will just have to see me in court. Can someone please advise what steps I need to take from here?
 


FarmerJ

Senior Member
Yes since you havent had to do it before go see a real estate atty and bring with you the proof you have for delivery of the letter you sent with the notice to the tenant to move and ask for assistance to go to the courts with filing a eviction , the atty should have no problem determining if your notice and its delivery method were proper and be able to assist you with filing this action . NY state has it seems alot of extra hassle with its rental housing laws and if your not sure you can get it right your self your best bet is to get it done right by a atty . then you can spend the time you need to study up and handle it better next time .
 

BL

Senior Member
aridni99 said:
What is the name of your state? New York
I have a Tenant on a month to month rental agreement/lease. On 11/06/04 he was given written notice to vacate the apartment by 12/06/04. The Tenant is currently 3 months past due on the rent and called me on 11/30/04 saying that he will be paying part of the due rent on Friday 12/03/04. I advised that I do not want anything but for him to leave the property. The Tenant advised that he is not going anywhere and that he will just have to see me in court. Can someone please advise what steps I need to take from here?
Was the 6th to the 6th the billing period ? Oh heck ( I'll throw this in for your info. On a month to month tenancy you give 30 day notice by the day before the billing period . Not on the first day of a billing period.

But here , that's irrelevant. The tenant is considerable way behind. If you want them out DO NOT ACCEPT any rent monies from them. You should be able to get a 3 day notice from a marshal to move, but it has to be ordered by the Courts.
The clerks office may have the forms, or you could consult a landlord/tenant attorney for a small fee. It will be worth you while.
By the way, if you get the 3 days to evict , and it's done through the Marshall's, and their stuff is still there, the Marshall should also have it stored.
You can also call the clerk's and ask for the names and phone numbers of the marshal's that do evictions, and call them for some info.
 

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