Tenant Eviction Process Guide

Summary

In New York, the eviction process involves serving a Notice to Quit, filing a Petition for Eviction, attending a court hearing, and requesting a Warrant for Eviction if successful. For unpaid rent, you can file a separate small claims case. Legal advice is recommended. Forms are available on the New York Courts website.

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Hi my question is I have a tennet who’s lease was set to end February of * she was given a non renewal lease stating that her lease would not be renewed past the date of the lease agreement this was September of last year. From this point on the tenet refused to pay her rent from that time stating that we were evicting her. We reassured her we were not evicting her just simply not going to renew her lease. She still decided to not her pay her rent. Now it is June and she has decide to not even move out of my how or pay me my rent. I looked up eviction proceedings and saw that I needed do provide her letter of intent letting her know that her non compliance and non payment would lead to the start of eviction proceedings and she needed to reply within 14 days. She replied and told me an excuse about a program she’s in not helping her to find a place until October. I still want to move forward with the eviction so I want to know what’s the next step and what kind of paperwork do I need to file now
To provide the most accurate information, could you please tell me the location of your property? Eviction laws can vary depending on the state.
Bronx New York
In New York, the next steps are:
*. Serve a "Notice to Quit" if the tenant hasn't left after the lease ended.
*. File a "Petition for Eviction" in your local court.
*. Attend the court hearing.
*. If successful, request a Warrant for Eviction from the court.
You may need a lawyer to assist with these steps.
I gave her letter stating she would headed to eviction proceedings due to noncompliance and non payment she replied within the 14 days. But I stil want to move forward so what should I do now
Since you've already given the "Notice to Quit", the next steps in New York would be:
*. File a "Petition for Eviction" in your local court.
*. Attend the court hearing.
*. If successful, request a Warrant for Eviction from the court.
Consulting with a legal professional is advisable.
How do I file a petition for eviction
To file a petition for eviction in Bronx, New York:
*. Obtain the necessary form from the local courthouse or online.
*. Fill out the form with relevant information (tenant's name, property address, reason for eviction).
*. Submit the form and pay the filing fee at your local courthouse.
Always consider seeking legal advice.
Do you have the site where I could locate these forms ?
You can find the necessary forms for eviction proceedings on the New York Courts website. Here is the link: www.nycourts.gov/courthelp/Housing/evictions.shtml. Please consider seeking legal advice before proceeding.
So the website has a from for eviction for non payment and one for holdover which one do I use
In your case, since the tenant has overstayed the lease term and also not paid rent, you could potentially use either. However, the 'holdover' eviction form is more appropriate for tenants overstaying the lease. Legal advice is recommended.
But will it also put emphasis on the fact that’s she owes me money I don’t want that to go unresolved
During the eviction process, you can file a claim for unpaid rent. This claim can be included in your 'holdover' eviction petition. Consult a legal professional to ensure all details are properly addressed.
If u could get a free connector to the lawyer
Sure, I can help you find legal assistance. Do you prefer a lawyer who specializes in landlord-tenant disputes in Bronx, New York?
?
Yes, please. I would prefer a lawyer who specializes in landlord-tenant disputes.
Yes
Great, would you like me to provide you with the contact details for local legal aid organizations, where you should be able to find free or low-cost legal advice regarding your situation?
Free please
Sure, here are some organizations in Bronx, New York that offer free legal advice for landlord-tenant disputes:
*. Legal Aid Society
Phone: (*) *-*
Website: www.legal-aid.org
*. Bronx Legal Services
Phone: (*) *-*
Website: www.bronxlegalservices.org
I recommend reaching out to them for further assistance.
Are there any online sources ?
Yes, there are several online resources where you can find free legal advice:
*. www.avvo.com: Offers free legal Q&A and attorney directory.
*. www.lawhelp.org: Provides legal information and resources for low-income individuals.
*. www.lawguru.com: Offers free legal advice and lawyer directory.
*. www.justia.com: Provides free case law, regulations, legal articles, and a legal dictionary.

Remember to always verify the information you find online.
How would I file a claim for the non repayment ?
To file a claim for non-payment of rent in Bronx, New York:
*. Include claim in your Eviction Petition under 'holdover' category.
*. File a separate Small Claims case for rent owed if eviction is successful.
Always seek legal advice before proceeding.
So I would have to file separately for the rent
Yes, generally, the eviction and rent collection are two separate processes in New York. After a successful eviction, you can file a small claims case to recover unpaid rent. Always consider consulting with a legal professional to guide you through the process.