Legal Question in Real Estate Law in New York
Evicting a Problem Tenant from a House
My father is 80 years old and owns a 2 family house.
The tenants in his upstairs apartment are giving him
problems. They said they were going to move so they
lived out their security . They did not move and
have paid the rent but not the security. Now their
bathroom needs to be repaired. My father notified them
that a plumber would be coming and when he went up there
they were not home and changed the locks. There phone
has been disconnected. My brother has left a message
on the husband's cell phone and they have not returned
his call. Before they disconnected the phone my brother
gave them notice that they should vacate by 4/1. Now
that they changed the locks and have no phone. Please advise
had given them until 4/1 to move out but now with the
changing of the locks and difficulty contacting them. I
don't feel they should stay there. Please advise.--name removed--
What should we do? I appreciate your help.
2 Answers from Attorneys
Re: Evicting a Problem Tenant from a House
You should send them by certified and regular mail a Notice To Quit. Leave a copy in the mailbox also. The notice should reference all defaults they have committed-changing locks, refusing entry to to effect repairs, using security, etc. Once served, start a landlord/tenant action for eviction and when you get an Order for possession, have the Sheriff serve it and effect the eviction. Probably best to use a local attorney familiar with real estate and landlord/tenant matters to assist you.
Re: Evicting a Problem Tenant from a House
It is unfortunate that common courtesy and decency is overlooked on a Landlord/Tenant matter.
I assume that the tenants have not moved. If that is the case, and since your father accepted rent, a 30-day notice must be delivered to the tenant. In NYC, the notice MUST BE SERVED.
Thereafter, you must commence a summary proceeding (Landlord/Tenant action). You can only take possession of the property after a Sheriff (or Marshal) executes on a warrant of eviction.
Mike.
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