Even if you have a reason why you’d want a tenant to vacate your premises, you need to follow the law. You cannot just evict them haphazardly. Otherwise, you may find yourself facing a wrongful eviction suit. Remember, you cannot evict a tenant to move in a new one paying higher rent or for invalid reasons.
Here is what you need to do under New York law.
You must inform the tenant beforehand
You need to make your tenant aware of your intention to evict them. The eviction notice you serve them should contain the reasons and conditions of the eviction. For instance, if they are late on rent, you could issue the tenant a 14-day notice to pay up or vacate the premises.
Filing an eviction lawsuit
This officially begins the eviction process. You should prepare the petition which explains the legality of your eviction actions. The tenant also needs to know that the case has been filed to respond.
Once you serve the tenant the legal document and attend the hearing, both sides will present their case. The court will then provide a judgment. If the ruling is in your favor, you can request a warrant for eviction.
The actual eviction
With a warrant of eviction, you can proceed to execute it through the sheriff’s office. The sheriff will ensure that the tenant vacates the premises even if it means physically removing them. If you turn off utilities or change locks at this stage, it is not against the law.
Do not leave anything to chance
It is crucial to follow the correct legal procedure to the letter, even if some of the steps may seem trivial. It may protect you from any legal disputes later with an evicted tenant.
