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Eviction Process in State of New York

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moeenja1970

Junior Member
What is the name of your state? New York. I have recently bought a duplex in upstate NY in beginning of summer and one of the unit was rented when I occupied the property. Since I don't live in the city where the rental property is, I am not available to go to the house to pick up rent. So I have given the tenants an address where they can mail the rent to; but I haven't seen any rent from them. They have paid rent to previous owner in the past. But they came to the house ant the end of the month to pick up rent. I have called them several times and left messages and no reply backs.

There on a month-to-month lease. I am new to this and haven't had to time to take care of my investments properly. I would like to evict them, but I don't know where to start. I guess I don't know much about NY laws on evictions (yet). How long of a notice should I give them? What should I do first? How long is this going to take? Can I do this by myself? Or do I need to get a lawyer?

Thank you for your help.
 


BL

Senior Member
moeenja1970 said:
What is the name of your state? New York. I have recently bought a duplex in upstate NY in beginning of summer and one of the unit was rented when I occupied the property. Since I don't live in the city where the rental property is, I am not available to go to the house to pick up rent. So I have given the tenants an address where they can mail the rent to; but I haven't seen any rent from them. They have paid rent to previous owner in the past. But they came to the house ant the end of the month to pick up rent. I have called them several times and left messages and no reply backs.

There on a month-to-month lease. I am new to this and haven't had to time to take care of my investments properly. I would like to evict them, but I don't know where to start. I guess I don't know much about NY laws on evictions (yet). How long of a notice should I give them? What should I do first? How long is this going to take? Can I do this by myself? Or do I need to get a lawyer?

Thank you for your help.
First you contradict yourself that you Occupy the Property but live somewhere else .

This is Important sometimes in what your rights are .

As far as Evictions you should look up" New York State Landlord tenant Laws ".

How did you " Give " the tenants an address to send the Mail to ?

How did you " advice " them , the property had changed ownership , and Now the rent must be sent to a certain address and received by such and such a Date .

If these tenants budget was to pay on the first , and have the LL pick it up , and you gave them NO written letter of the change of ownership , Your name and contact number , and where to send the rent , they may be just hanging onto it .

Do they have a Phone ?

Have you contacted by Mail or Phone to request if they have the rent for those months ?

You should try contacting them First by return receipt Certified Letter , Write the information of the Change in ownership ,the date you took ownership , and the address to send the rent ( you could even provide a returned addressed stamped envelope - who knows maybe they can't afford a stamp) . Give them 10 business days from the receipt of the Certified letter to pay current on the rent , or you will have NO choice to start a 3 day or quit Notice through the Court for non payment of rent .

If they don't pay in three days , you can then have the marshal physically evict them .

You or the Marshal must then store there belonging for 30 days , then if not retrieved you can dispose of them as you wish .

Call the Court's Clerk and look up the Laws . Make sure it's done by proper procedure .

No, you do not need an attorney , if done correct.

Also, Did the Tenant's Pay a Security Deposit ?
If so Did you receive it from the Prior Owner ?

Also, are there any Major Build. Code violations that the Tenant may by holding the Rent for ( they must hold onto it ) , then let the Court decide .

Maybe you should find a large enough Bookstore and get one on New York State Landlord / tenant Laws .

Some ares also have housing specialist Agencies that Offer Landlord Classes .

Or , hire an Attorney for such Dealings .
 
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