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Tips for approaching the eviction process

Dealing with difficult tenants is always a challenge. Often, landlords can mitigate tenant complaints or complex disputes without going to court. However, it is not possible to resolve all issues like this.

Evicting a tenant often requires a lengthy legal process, but landlords should not have to deal with renters who do not maintain their legal responsibilities. Here are some critical tips for landlords to consider before beginning the eviction process.

1. Review the reason for evicting the tenant

Landlords reserve the right to begin the eviction process for a variety of reasons, including:

  • Consistently late or missed rent payments
  • A violation of the lease, such as keeping a pet
  • Purposeful damage to the rental property
  • Engaging in illegal activities on the property, such as drug use or trafficking
  • Causing disruptions or other issues for other tenants

However, it is essential for landlords to assess and determine the reasons to evict the tenant. This can help landlords avoid claims of discrimination or violations of the New York Fair Housing Act.

2. Research the renter's rights

Before beginning the eviction process, landlords must review and understand their rights as a landlord. However, it is also helpful for landlords to review New York renter's rights as well. 

Understanding the tenants' rights can help landlords build a strategy for how to approach the situation. It can also help them determine what they can and cannot do during the eviction process. 

3. Maintain civility with the tenant

The interactions with tenants will vary significantly depending on the issue. For example, a tenant who misses many rent payments often reacts very differently from a tenant who damaged their property when they are faced with eviction. 

However, regardless of the reason, landlords should always ensure they are civil and respectful with their tenants. It can sometimes be difficult, but being civil can help landlords avoid further legal issues with the tenant or claims that put their reputation at risk. 

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