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How Do I Evict a Tenant Legally?

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By Anaya Taylor
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Evicting a tenant legally is an important part of being a landlord. Not only is it required by the law, but also a landlord can face a lot of penalties and fines for not following the proper procedures. Having a good understanding of the process will help you if a tenant becomes problematic and cause you to end their lease early.

What makes a person a tenant?

A tenant is any individual or group that has paid rent or agrees to pay rent to live in a property. Landlords may evict tenants who do not pay rent, violate their rental agreement or use the property in a way that is causing a safety or nuisance issue for others.

What makes a person unable to pay rent?

In some cases, a tenant may be unable to pay their rent because of a financial hardship. This could be due to a job loss or an illness. If the tenant does not have the money to pay, this could be a defense against an eviction.

What if I have a month-to-month lease and need to end it?

When a landlord has a month-to-month lease, they can evict a tenant before the term ends if they have a valid legal reason to do so. This type of eviction is called a “for cause” eviction.

If the landlord has a valid reason to terminate a month-to-month lease, then they should give the tenant a notice to quit. This will provide them with a set amount of time to leave the property. The landlord can use this time to fix issues that caused the tenant to stop paying rent or to find a new rental property for them.

What are the rules regarding evictions in NYC?

In NYC, you can only evict a tenant if you have a legal reason to do so. In addition, you can’t evict a tenant for discriminatory reasons. If the tenant belongs to a protected class, for example, they may be able to sue you in court if you evict them.

What if I have unauthorized guests?

If you have a rental property that you allow unrelated people to stay in, they are considered guests. These include employees who live in the property as part of their work duties, relatives and other non-tenants.

How do I evict a tenant who lives in my property as a guest?

The first step is to check the laws of the city and state where your tenant resides. Once you determine that you have a valid reason to evict the tenant, then you can file an eviction lawsuit.

To evict a tenant for cause, the landlord must serve the tenant with a written notice of termination or a termination notice. This notice must be given at least 30 days before the tenant is supposed to move out.

Depending on the circumstances, you can then request a court order to evict the tenant and remove them from your property. Once the court order is obtained, you can then contact your local sheriff or marshal to have them come and physically remove the tenant from your property.

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