Tenant eviction is one of the most sensitive matters for landlords. New York law gives tenants a lot of protection. As a landlord, you need to take care if you want to evict someone, otherwise, they may have grounds to take legal action against you. However, this does not mean you can’t evict someone ever.
Here is when you can:
When you have a court order
If your tenant violates the rental/lease agreement, perhaps they refuse to pay rent or continually cause problems with other tenants, you can send them warning letters/notices. If the matter continues, you can move to court. Consider submitting solid evidence to the court, for instance, the outstanding rent, the warning letters you sent and minutes from your meetings if you had any.
You may obtain a judgment of possession that will allow you to evict the tenant. You should work with a sheriff, marshal or constable to carry out the court-ordered eviction.
Do so respectfully
Despite being allowed by the court to evict your tenant, you may get in trouble if you use force or unlawful means. It’s vital to be respectful throughout the process. It will help to give the tenant reasonable time to get their belongings and leave the premises.
It may be unlawful to change locks, put padlocks on the doors, remove tenant’s possessions, retain their belongings, use threats or discontinue essential services, such as electricity and water.
Taking the law into your own hands may result in paying thousands of dollars in damages. Further, the tenant may be restored to occupancy.
You should be extra careful when it comes to evicting a tenant. It will help to get legal guidance to understand your options.