i need to evict in nystate

[myfoxyyaya]

i have a tenant on a 1yr lease. her name is on the signed lease. her amore? and 4 children live there also. they have been late with the rent for 6 months, consistently paying later and later. they tell me it was mailed but, still not received. they are 25 days late. i tried calling, no answer so i went to the apt and she told me i had to speak to him, because he is responsible for paying the rent and she pays the other bills. i went back to see him and he said, after much squawking that he lied and the he doest have the rent so told me to evict them. their children are uncontrollable, and the apt is a mess, he says,"so what, you have to redo it after we leave anyway" i have 1 mo security, and that doesnt even cover repairs etc. i want to give them an eviction notice and i never have had to do this. how many days do they have to get out? how do i get the rent and damages and who pays court fees thany you so much have a great day

 

[LL]

I don't know what state you are in, but you used up 25 days of your security deposit in waiting for them to pay.

You probably don't file an "eviction notice" because you probably don't have the authority to evict them. Only the court does. So you may have to now give them some notice that the rent is unpaid, maybe specify how much rent and for what period, and wait until their notice period is up. Then you file a lawsuit for eviction, and wait until someone serves it, and wait while they get time to respond to the suit. If they don't respond, you can go and ask for a court
date and wait until it arrives and then get an eviction order, which you probably take to the sheriff or someone and wait until he gets around to giving them a notice that they are going to be evicted in so many days, and then you wait at least that amount of time, before the sheriff goes back and actually puts them out. If they respond to your suit, then there is lots more.

If you do the eviction right, you can get an order that they have to pay you your missing rent, and damages, and court costs. Its up to you to collect it, based on the court order. The sheriff won't do it for you.

The first few times I had to do it, I hired an attorney who does nothing but evictions. I watched what he did, asked lot of questions, and photocopied his forms, so I could learn how to do it myself.