Four Steps to Follow When Evicting a Tenant

Even the best landlords sometimes have to deal with evicting a tenant. While most evictions involve non-payment of rent, there are many other valid reasons for terminating a lease. For example, you can evict tenants if they violate lease terms (such as exceeding your maximum tenancy) or significantly damage your property. However, you can’t just change the locks. Instead, you must follow your state’s eviction laws carefully — or you might face criminal charges or a civil lawsuit.

Step 1: Get Organized

Evicting a tenant is a multi-step process. Before you start an eviction, it’s in your best interest to organize your evidence and double-check your compliance with New York and Connecticut landlord-tenant laws. You should build a file that contains evidence of:

• Unpaid rent
• Property damage
• Violations of the lease
• Illegal activity on the premises
• Other information concerning your interactions with the tenant

If you have a difficult tenant, you should also consult with a lawyer. An eviction lawyer can help you identify a tenant’s possible defenses and prepare a compelling case that addresses and minimizes them.

Step 2: Give the Tenant Notice

In New York and Connecticut, you must first give written notice that you are evicting a tenant. This typically involves completing and delivering either a Notice to Quit or Notice to Cure. Once you properly serve these notices, the tenant has several options:

• Vacate your property
• Pay the rent
• Go through the legal eviction process

While many tenants will either voluntarily leave or catch up on their rent, others will fight the eviction.

Step 3: File an Eviction Complaint With the Court

If your Notice to Quit or Cure wasn’t effective, you’ll have to get a court order before evicting a tenant. This process involves filing a petition and other forms with the court and paying a filing fee. Next, you must properly serve your documents. You can’t simply drop an eviction petition (or complaint) in the mail.

Instead, you must follow strict court rules, which typically require that a neutral party (like a process server or marshall) deliver the papers. (If you need help understanding New York or Connecticut’s service rules, contact an eviction lawyer.) Once you’ve properly served these forms, the tenant must respond to your complaint and attend an eviction hearing.

Step 4: Present Your Case in Court

Most eviction hearings do not involve a jury. Instead, a judge will review your claim, listen to the tenant’s defenses, and issue a decision. If the judge agrees with you and issues an eviction order, the tenant must vacate your property. If they violate this order, law enforcement will help you remove the problem tenant.

Do I Need an Eviction Lawyer?

Some landlords handle their evictions on their own. However, one misstep can lead to delays, lost income, civil suits, and even criminal charges. When you work with an experienced eviction lawyer, you will hopefully avoid these issues. A lawyer will help you ensure legal compliance, prepare effective eviction claims, and help protect your business.

This is particularly true if you own rent-stabilized or other regulated properties in New York. Different rules apply when you’re evicting a tenant in these situations.

Get Help Evicting a Tenant

At James G. Dibbini & Associates, P.C., we help our clients with the difficult process of evicting a tenant. We assist New York and Connecticut landlords with evictions and other matters. If you’re looking for an aggressive, detail-oriented eviction lawyer, contact us for a no-risk consultation.