Cimasi Law Office

Evicting tenants requires more than telling them to leave

When you own property, you generally think that you have the right to say who can and cannot be on it. That may be true in some instances, but if you rent space to either residential or commercial tenants, you lose the right to simply tell someone to leave under New York law. Rental agreements make evicting tenants a legal process that you must follow in order to successfully evict someone from your property.

A lease is a legal contract, and you must hold up your end of the bargain despite the behavior or actions of a tenant. Even so, you do not have to simply tolerate a tenant's breach of the lease. You can begin the eviction process, which may take some time. If it is done correctly and in accordance with New York law, you will ultimately be able to rid yourself of a problem tenant.

You will have to provide the court with cause to remove the tenant in question. This means gathering as much information as possible regarding the tenant's breach of the lease. Even if you have ample evidence, you must give the tenant time to correct, or "cure" in legal terminology, the issue. For example, if a tenant is behind in the rent, you must give him or her time to bring those payments current. If the tenant fails to remedy the issue, then you may send a notice of termination.

Every time you decide to evict a tenant, you need to be prepared to take your case to court. This could ensure that you have the legal validation you need in order to confidently move forward. You may need advice and assistance in gathering the evidence you need and making sure that you follow the law and proper procedures in order to protect yourself and your property. The process of evicting tenants may seem simple, but it can quickly get complicated, especially if the tenant decides to fight back.

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