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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I am not renewing lease with my tenant I want them

Customer Question

I am not renewing lease with my tenant I want them to move or do I have to evict them through the court 2 family private house in Queens, ny
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,If you have given the tenants written notification of non-renewal, the tenants have until the end of the lease term to vacate.If they do not vacate by the end of the lease term, then you will need to go through the unlawful detainer (eviction) procedure.The overall process works like this (the notice of non-renewal fulfills the first step): "Eviction" is a word that is often misused and it leads to a lot of confusion, to help, here are the steps in terminating a tenancy:Terminating a tenancy-1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property). 2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge. 3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction." 4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").General information on evicting a tenant in NYC can be found here: (The Q&A is directed towards tenants, but it contains valuable information for landlords (obviously the legal standards are the same, and the issues are critical for each side to understand - I provide this link because it is easy to review and highlights most of the areas where landlords make errors, thus creating defenses for their tenants)).For help with evicting your tenants (assuming you decide to do it yourself, and not hire a landlord/tenant attorney - which I highly recommend, particularly if this is your first eviction), there are pay for use websites such as this one: that help you by providing you templates for all of your notices and court forms, as well as a flow sheet to keep track of dates and deadlines. (The difference between hiring a lawyer and using a self help service is that the attorney can help you address issues and contingencies that arise, while the self help site is limited to providing you with forms and general flow sheets, the hope is that nothing out of the ordinary occurs).

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