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  1. #1
    Join Date
    Aug 2007
    Posts
    10

    Default Evicting a Tenant in NYC

    Hello, a few weeks ago I posted something about a tenant eviction. After much thought, I decided to evict the tenant and forget about the past rent due (it's just getting out of hand).

    I've filed the eviction papers already, or that's what my lawyer told me. How long does it usually take for an eviction procedure to occur? (At least to see some real results) My lawyer told me 3 weeks, but I feel that it's a very long time frame for an eviction.

    Now, I do want to sue her for property damage after she is evicted, I have proof of the damage, pictures have been taken the last time I went (about 5 months ago) to repair a hole in the wall left by the tenant's illegal occupant.

    I am worried that once the tenant is evicted, I cannot sue them because I will not know their address. I asked my lawyer, and he told me to simply follow her. I don't think that was a very professional response, unless that's the only thing I CAN do?

    Please note that this tenant is a Section 8 tenant, and Section 8 will have her new address (upon transferring her). Would it be possible, if at all, to sue her and sue Section 8 for the address? Or do I have to rely on pure luck and follow her?

    My plan was to sue her NOW, so that she will have the papers already in her hand, and when she moves, she'll still have to submit to the court case and judgment (I figured that'd solve my address problem).

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Evicting a Tenant in NYC

    New York City has a notoriously byzantine process for evicting tenants, and I wouldn't be at all surprised if it takes three weeks. I doubt that HUD will give you any forwarding address information.

  3. #3
    Join Date
    Aug 2007
    Posts
    10

    Default Re: Evicting a Tenant in NYC

    Hey Mr. Knowitall, thanks for the quick reply.

    I understand that this will take longer than I expected.

    What about retrieving the tenant's address for suing? Is it wise? My idea is to sue the tenant now for unpaid rent (while the eviction process is still on going), so that she is forced to pay even after she moves out.

    Any ideas on that?

    Is it possible to take her to small claims court and do this while an eviction is in process?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Evicting a Tenant in NYC

    It may be possible to bring your damages claim along with the eviction action. That's something to investigate with the court or, if you have one, your lawyer.

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