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Eviction in Upstate New York

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  • 05-07-2009, 04:25 PM
    naley
    Eviction in Upstate New York
    My question involves an eviction in the state of: NY

    Hi, I could use some help with an eviction in the state of NY. Our tenants are now two months behind. We had a 3 day notice served. I think I know our next steps, I have been doing lots of research, but I would love any clarifiacation or guidance.

    I called the town clerk and they said the next court date is at the end of the month. I know I need to file a petition and notice of petition . I think I am going to buy the blumberg forms. Are theses state specific?

    Do I just take the forms and the affadavit of service for the 3 day notice to the court anytime and have the clerk sign it? Will they give me a docket number then? Then I go back to the processer and have them served with the notice, petition, and affadavit? Then just wait for the court day and go before the judge and the court does the rest?

    Also, we cannot find our lease, which stated they are responsible for all repairs (it was more of a land contract). We have a copy of the unsigned lease. Will that be sufficient support?

    Like I said, I welcome any advice. Thank you.
  • 05-09-2009, 07:43 AM
    Mr. Knowitall
    Re: Eviction in Upstate New York
    You want to use the correct forms for your state - eviction forms are state-specific. The forms will likely include instructions.

    You get a docket number when you file your eviction lawsuit, not when you serve a notice to quit.

    You need to decide if they're your tenant, or if they were buying the property under land contract. If you're not sure and can't find the contract, I suggest consulting a lawyer.
  • 07-09-2009, 11:47 AM
    HollywoodLandlord
    Re: Eviction in Upstate New York
    Naley,
    If you haven't gotten this situation resolved, I suggest the following website for accessing every legal form you could need to evict your tenant.
    The information is state specific and the info on the site can help you through every part of the process. They have really nice people working for them as well. You can create a free trial account there too.
    EZ Landlord Forms
    Best,
    Stirling
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