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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55301
Experience:  Lawyer; developer/owner of RE developments.
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When can I legally evict a tenant?

Customer Question

When can I legally evict a tenant?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I noted that you have another question posted where you are demanding a telephone call. I am happy to post an answer regarding eviction of a tenant, but I do not provide telephone calls, and cannot communicate with customers outside of this forum.

This is a "general legal information" forum only, and I do not wish to create any misunderstanding that there is an attorney/client relationship between us. I will answer the question as you have posted it and answer reasonable follow ups.

If the above is acceptable, please let me know and we can continue, otherwise, I will "opt out" and you can wait for another expert to pick up the question.

Customer: replied 1 year ago.
If none of you will call why does you site show that option?
Expert:  CalAttorney2 replied 1 year ago.

This forum has experts from many different fields other than legal. There are a small number of the attorneys on the forum that feel comfortable making phone calls, I do not.

I am going to opt out of this conversation and allow another expert to assist you with this matter. You have not paid me for the information I provided you earlier.

Customer: replied 1 year ago.
Ok, My question is " We have a 3 month lease with our tenants , but they are not abiding by the lease i.e. They have been there less than 3 months & the police have been called on them at least 3 times, by neighbors, we offered them very cheap rent in return for them painting & fixing the deck, painting the small kitchen ( which I had already completed three fourth of the way, they we're suppose to keep the yard mowed & landscaped , ) the outside of the house looks like a garbage dump & we are constantly getting complaints from the neighbors about things that are spelled out & signed by us & the tenants. What do we have to do to evict then?
Expert:  insearchoftheanswer replied 1 year ago.
Good morning. My name is ***** ***** I'll be happy to help you.
Unfortunately, if they will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. Because they are in default, if they will not leave voluntarily, under New York law, you will need to give a 3-Day Notice to Quit...meaning they must vacate the premises within that period or face formal eviction. Then, if they do not leave, you will have to file a petition for an eviction order. Once that is can have the sheriff evict. Unfortunately, you are not allowed to move their stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force them out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

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