We minimize the risk of evictions. However, due to life circumstances, should it become necessary to evict a tenant, Maxwell Property Management is an expert in the process. We are not an attorney and cannot represent you in court, however, we can guide you through the process.
What is Eviction?
An eviction is the court-ordered removal of a tenant by the landlord from the property they reside in.
Frequently Asked Questions:
1. How does it work?
No eviction process is 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.
2. 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.
3. How long does it take to evict a tenant?
Depending on the cause, the eviction process can take anywhere from 1-5 months.