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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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We own a two family house. We on one floor and our tennant

Customer Question

Hello! we own a two family house. We on one floor and our tennant on te
JA: The Landlord-Tenant Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: second floor. they are two months behind in rent. how do we start eviction?
JA: Please give me a bit more information, so we can help you best.
Customer: Tenants said they cant pay.
JA: Is there anything else the Landlord-Tenant Lawyer should be aware of?
Customer: no nothing.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 9 months ago.

What is your question?

In what State is your property located.

Customer: replied 9 months ago.
we are 80yrs old and 69. we want them out. do we have a right to evict? utica, ny 13501 did you read my story?
Customer: replied 9 months ago.
no lawyer! do we need one?
Customer: replied 9 months ago.
we cant sleep at night with all the noise. they told us 2 children anoe there are 7!
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information.

You can evict for nonpayment, or for them breaking the terms of the lease under a holdover case. A holdover case is more complex and prolonged than a nonpayment case. So, it is preferable to go through a nonpayment route.

Below is how to start an eviction case in New York outside New York City. The forms and instructions are on the site.

http://www.nycourts.gov/courthelp/homes/evictions.shtml

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