The Law Office of Seth Rosenfeld, Esq.
We Can Answer All Your Questions
During A FREE Consultation
Menu Contact

What can landlords do when evicting tenants who don't leave?

In the event your tenant has broken an agreement within the lease, you will have grounds for eviction but must follow detailed steps. You must first obtain a warrant from a court clerk. Once you have the warrant signed, you will be able to hire a constable, sheriff or marshal to visit the premises the evict the tenant to issue a notice to leave. Hiring one of these people will come with a fee. 

Even after you issue the notice, you may have to contend with a tenant who will still not leave the property. Not only is this frustrating, but it prevents you from showing potential new tenants the property. Depending on the circumstances surrounding the tenant's situation, you have several options available to you.

Help the tenant find another place to live

It is extremely common for evictions to be a result of the tenant failing to pay rent. As a result, the tenants may stay at the property because they cannot afford to pay rent elsewhere. If you have had a relatively good relationship with the tenant, then you may feel compelled to help in a positive manner. You can utilize community resources to try to find transitional housing for the tenant. Being kind and helpful can be a real asset during this trying time. 

Take the hard line when necessary

If you follow the proper legal process, then you will have a constable, sheriff or marshal at your disposal to forcibly remove the tenant from the premises. Before doing this, you need to make sure you have followed the letter of the law precisely so that the tenant cannot come back to file a lawsuit later. This involves following the correct timelines so that you do not step over a tenant's legal rights. You also do not want to harass the tenant or threaten to turn off the electricity. 

No Comments

Leave a comment
Comment Information

Vigorous Advocacy, Cost-Effective Solutions

To schedule a free consultation with experienced landlord-tenant lawyers, please call our firm at 800-699-1594 or send an email using the form provided. We are committed to working together with you to resolve your legal concerns.

Email Us For A Response

Vigorous Advocacy, Cost-Effective Solutions

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

118-21 Queens Blvd.
Suite 509
Forest Hills, NY 11375

Toll Free: 800-699-1594
Fax: 718-793-4089
Forest Hills Law Office Map