Legal Question in Real Estate Law in New York
How to recover damages and evict a tenant
My parents have a house in long island NY. Currently they have the house rented (no lease) to a couple and their son for about 9 years. My parents had notified them three months ago that they would have to leave;Last month the tenants had told them that they will be leaving in the middle of July, when my parents went to the home this weekend to try to get their keys to the house they had a different story and refused to give them the keys or leave for that matter. The current tenants have not paid rent for the last two and half months. Although my parents still are trying to get part of the rent that was not paid a few months ago with out any luck. When my parents went to the home this weekend they saw that their house was in worse condition then the last time, with a broken down garage door that is falling apart on the ground and cracks in the ceiling, in addition to that the house was in discuss. My question is what action can my parents take to 1) Remove them from the home as quickly as possible.2) Recoup any damages to the house. 3) Try to sue them or their son who lives with them who is over 18. The tenants receive disability checks from the government so I don�t know if it would be harder or not.
5 Answers from Attorneys
Re: How to recover damages and evict a tenant
Both an eviction and damage proceeding must be instituted immediately. I can refer you to one of my associates out on Long Island if you wish.
Re: How to recover damages and evict a tenant
You can certainly instititute proceedings for an eviction and it seems from your facts that it would be a matter of course to obtain a money judgment as well we do specialize in landlord tenant matters such as this..however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: How to recover damages and evict a tenant
Your parents need to act quickly. It takes months to get rid of this kind of tenant if they do not cooperate. The process involves giving the tenant notice -- usually 30 days in advance; then starting a proceeding in court. A couple of weeks later, there will be a court hearing, though the tenant can often get that delayed . . . and so on. I strongly suggest your parents call us right away and get things started. (212) 387-7787.
Re: How to recover damages and evict a tenant
Find a LOCAL attorney who specializes in eviction work. Ask the clerk of the court for a name if necessary. Move quickly. Eviction can be a long and costly process. If a mistake is made in any of the paperwork, you will be sent back to square one.
In addition, check your insurance coverage. You may be able to file a claim for vandalism damages after these folks leave. Let the insurance company try to collect from them.
Re: How to recover damages and evict a tenant
as an attorney who specializes in landlord tenant law I can tell you that it is very important that each step of the process be very accurate. Do not let your parents use self help you can call me for a free consultation at 516 466 5297
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