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Ask David Stewart Your Own Question
David Stewart
David Stewart, Attorney
Category: Landlord-Tenant
Satisfied Customers: 125
Experience:  Highly experienced attorney Commercial Law, Litigation, Intellectual Property Law, and Family Law
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My tenant moved out and gave a key to me. do i need to evict

Customer Question

my tenant moved out and gave a key to me. do i need to evict him? the store is in rockland, ny
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: rockland, ny
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: he failed to pay rent and he moved out and returned a key to me
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  David Stewart replied 1 month ago.

Hello - my name is ***** ***** I am going to assist you today. The first thing I suggest you do is have the property inspected if you are unable to get there yourself to determine what if any damages there are to the property. Next, I would prepare a letter demanding the tenant pay you all the rent that is owed and for any damages to the property within a certain period of time such as 10 days. I would send the letter certified mail if you have an address so you ensure proper notice has been provided. In the letter I would also state this will confirm the Lease is hereby terminated as of the date of this letter.

Once you have done that and assuming this person refuses to pay, I would suggest filing a small claims action against them assuming you are owed an amount that is below the statutory amount in NY for small claims matters alleging breach of contract for back rent and any damages to the property. Attend the hearing and receive your judgement. Once you have it then seek to collect using an attorney or collection agency and get as much money that you are owed as possible. In short, you need to send a letter confirming the lease is terminated, demand what you are owed, and see if you can send the letter in a way that you can confirm this individual received it. Alternatively, if you do not have an address send it to the property and see if the individual has forwarded the mail to a new address. I hope this helps you! All the best, David

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