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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 53860
Experience:  Experience representing landlords and tenants.
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We have a tenant in our building who has not paid rent for

Customer Question

We have a tenant in our building who has not paid rent for 2 months. How do we evict her? She is a single woman.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.
Hello, is this residential? in what state?
Have you considered having a lawyer locally expedite it and recover fees/costs?
I can suggest a directory for that. Let me know.
Customer: replied 1 year ago.
It is New York State.
Customer: replied 1 year ago.
The house is fore sale.
Expert:  Infolawyer replied 1 year ago.
I am in NY as well. Since your tenants are in default for nonpayment, you will then need to give them a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they still have not left, you must file a petition in small claims court (which in NY is the Housing Court) for an eviction order. You can easily do this yourself and do not need an attorney for this.
Once that is granted...which is a simple process...you can have the sheriff evict them. You may then file a claim against them for all unpaid rent and damages not covered by the security deposit.
Once you get your judgment, you can attach their assets, including bank accounts, and garnish their wages, to collect that judgment. Unfortunately, you must go through the formal process and what you cannot legally do is shut off the utilities, change the locks, or avail yourself of any other means of "self-help" eviction.
A landlord tenant lawyer can expedite the eviction too and recover legal fees, for which findlaw.com is a great resource.

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