In some situations, a property owner might need to evict a tenant.
So many reasons can lead to the eviction of a tenant, mainly a tenant breaching the terms of the lease.
If the tenant and landlord cannot agree, and the tenant refuses to leave on their own accord, an eviction is unavoidable.
If you are contemplating an eviction, know how to go about it and what to expect in the process.
Five things landlords must know about evictions in Brooklyn
Have valid reasons for eviction
It is unlawful to evict a tenant just because you do not like them. Ensure you have a legal and valid reason for the eviction lest you lose the case. Common reasons for NYC evictions include:
Breaching of the contract such as unapproved pets
Refusing or failing to pay rent
Causing damage to the property
Causing health or safety hazards
Breaking noise health or occupancy ordinances
If you have a situation that does not fall in the above categories, document the proof before doing anything. This will help you to urge your case in court.
Present the tenant with an eviction notice
The first step after obtaining the proof for eviction is presenting a formal eviction notice to the tenant. First, look up the local laws to determine the number of days to give the tenant. A formal notice is a simple document that provides the tenant with a demand to fix the problem to avoid eviction.
Your notice should include details like
The specific date for them to fix the problem or vacate your property before you file for an eviction.
How much they owe you in case of failing to pay rent, and any other fee
Remember to post the notice within the set number of days to match the local legal requirement's request. You should send them the notice through the mail and post it on their door. Ensure the mail is certified and request a return receipt through USPS to verify they have received the notice.
File for eviction through a Landlord tenant lawyer in Brooklyn NY if the tenant refuses to make the necessary changes.
Before going for the hearing, prepare all the documents you will need to urge your case. You will need the following documents:
Records of their payment.
Any bounced check issued by the tenant
Records of communication between the two of you
A copy of the eviction notice you sent to the tenant and proof of the receipt.
Evicting the tenant
If the tenant refuses to obey the court order, you can contact your local police department to come and escort them out of your property. Once they leave, you can rent your property to the next tenant.
Getting past due rent from the evicted client
You can file a claim in small claim courts through the best evictions lawyers in Brooklyn to get a refund.
You can also garnish their wages. Take your judgment to the employer who will make the garnishments.
Please Contact Stark Law PLLC, NY's leading landlord-tenant law firm, and request a free consultation today: 866-325-6089