Every landlord has to deal with tenant eviction eventually. There are many reasons to it, the most common being non-payment of rent. Other reasons might include the tenants damaging the property, causing unreasonable disputes, violating the lease agreement, or the possibility that the tenant starts using the property for illegal activities.
Whatever the reason, eviction is not easy, and tenants cannot simply be thrown out. A landlord has to follow some rules before they can legally evict a tenant, or else they may end up facing a lawsuit, a prolonged stay of the tenant, and even fines. Using unlawful means is really out of the question. There are several federal and state laws that a landlord has to consider before they evict a tenant. Here are some tips you should follow when you feel that it is time to evict an unwanted tenant: Continue reading
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We draft landlord eviction documents including 10 day notice to quit, 30 day notice terminating monthly tenancy, notice of petition & petition (holdover/nonpayment), request for final order, 3 day notice to tenant, judgment, or warrant of eviction notices. We also handle service of process, court processing and filing, non-military investigation, and GPS notarized affidavits of service.
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With reliable, full-service eviction solutions, you can get the results you need at UndisputedLegal.com. Because New York eviction can take anywhere from 30 to 60 days, it’s best to get started today. Call us at 800-774-6922 today to learn more about our eviction services.
LANDLORD-TENANT LAW: AN OVERVIEW
Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code. Federal statutory law may be a factor in times of national/regional emergencies and in preventing forms of discrimination. Continue reading
N.Y. ADC. LAW § 26-408 : NY Code – Section 26-408: Evictions
a. No tenant, so long as he or she continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation which is subject to rent control under this chapter by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession notwithstanding the fact that the tenant has no lease or that his or her lease, or other rental agreement, has expired or otherwise terminated, notwithstanding any contract, lease agreement, or obligation heretofore or hereafter entered into which provides for surrender of possession, or which otherwise provides contrary hereto, except on one or more of the following grounds, or unless the landlord has obtained a certificate of eviction pursuant to subdivision b of this section: (1) The tenant is violating a substantial obligation of his or her Continue reading
N.Y. ADC. LAW § 27-2009 : NY Code – Section 27-2009: Tenant violations as grounds for eviction
Any conviction of a tenant for violation of this code which: (1) Results from wilful or grossly negligent conduct and causes substantial damage to the dwelling units; or (2) Results from repeated or continued conduct which causes damage to the dwelling unit or substantially interferes with the comfort or safety of another person; or (3) Consists of an unreasonable refusal to afford access to the dwelling unit to the owner or his or her agent or employee for the Continue reading