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Frequently Asked Questions About Evictions

What is Eviction? 

An eviction is the court-ordered removal of a tenant by the landlord from the property they reside in.

What is the process for evicting someone?

No eviction is exactly the same, but most follow the same general process:

  • Send a clear written notice
  • File a complaint
  • Serve the tenant
  • Attend the trial
  • Wait for the decision

If you win the case and your tenant does not appeal for reconsideration, the tenant then has 14-days to vacate the premises.

What are the grounds for eviction? How much notice is required?

Evictions in New York State fall into two categories: Notice for Termination with Cause and Notice for Termination Without Cause

Notices for Termination with Cause: If you want to terminate a tenancy early, you need to have cause. A tenant can be evicted early for numerous reasons such as failure to pay rent, violating terms of the lease agreement, or conducting illegal activity.

To begin the eviction process, you must give your tenant a written notice, which will determine the reason for the eviction

Notice for Termination Without Cause: You cannot end a tenancy early without cause. If there is no cause, you must wait until the end of the lease or rental period before asking or expecting the tenant to move.

How long does it take to evict a tenant?

Depending on the cause, the eviction process can take anywhere from 1-5 months.

Who can help me with an eviction?

For eviction guidance services contact Maxwell Property Management. With over 30 years of industry experience, our team of licensed real estate brokers has the know-how to make the unfortunate task of evicting a tenant as easy as possible. Call or text today to get started or learn more about our full-service property management options.

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If it weren’t for Maxwell Property Management, I would have lost thousands of dollars. I highly recommend Maxwell Property Management.

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I was in the Navy for 10 years. I was stationed in Ballston Spa, NY for my last 3 years. During that time, I purchased a 4-unit apartment building. I managed the property myself and didn’t really have any problems.

When I got out of the Navy and got a Job in Pittsburgh I knew I needed a property manager to manage my building. I searched around the area and interviewed a couple of companies. When I came across Maxwell Property Management, I had a really good feeling about it and had a great interview with Thompson. I then asked my real estate agent and broker if they had any thoughts about Maxwell Property Management and this other company I was deciding on. Without hesitation both of them had said, “definitely go with Thompson, I have heard nothing but good things about him for the past 20 years around this area” Pretty much right there my decision was made. I have been nothing but happy since I have hired him.

A couple months after he took over, we started to have some issues with a tenant. Thompson was in excellent communication with me the whole time and we eventually took care of the issues. If it weren’t for Maxwell Property Management, I would have lost thousands of dollars.

I highly recommend Maxwell Property Management. Thank you!!!

- Aaron D.

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