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  1. #1
    Join Date
    Jan 2009
    Posts
    3

    Default Total Newbie - 3 Months No Rent, Want to Evict

    My question involves an eviction in the state of: New York

    Hello, I'm renting out a house and the tenant hasn't paid the rent for 3 months. He doesn't answer the phone, and I live far away from the house I'm renting out so it's very difficult for me to go there and check up on what he's doing. In anycase, this person doesn't seem to be very trustworthy, and I want to take legal actions to evict him.

    I never took legal action against anyone before I'm really new at this and need some newbie advice. I'm wondering, can I file a claim and summon him to small claims court? I have copies of the tenants rent application, rent deposit form (signed), driver's liscense and some other documentation such as pictures of his pets etc. The only problem is that to this day, he still has not signed the lease contract, I only have a copy of the lease contract with my signature and date. I've never been involved in any legal conflicts so I'm totally ignorant as to what I should to or the steps I should take to take this individual to court, so I have to ask some stupid questions:

    1. Do I even have a case legally without a signed lease contract from the tenant?
    2. How do I file a small claims court case?
    3. Are eviction cases handled in small claims or superior courts in NY?
    4. If eviction cases are only handled in superior courts, do I need a lawyer, and in this case what about my 3 months rent money?
    5. My house for rent is located in Long Island NY, how do I locate a small claims court near by me?
    6. What is the legal limit for SCC cases (I'll be sueing for 3 months rent which amounts to 4800 dollars).
    7. Any other suggestions and or information that I should know but missed.


    Thank you so much for reading my question. Any answer or help would be greatly appreciated. If anyone has personal experience with rent/tenant conflicts, please email me at wongb18c@gmail.com.

    Thank you again.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Total Newbie - 3 Months No Rent, Want to Evict

    You need to hire a lawyer to do this.

    Save every scrap of paper the lawyer files so you can do it yourself the next time.

    Or you could also Google for pro se help.

    CAUTION: New York has strange (to me) laws on landlord/tenant. You really need an attorney to help you.

  3. #3
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Total Newbie - 3 Months No Rent, Want to Evict

    I see, so you suggest that I hire a lawyer and take him to superior court?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Total Newbie - 3 Months No Rent, Want to Evict

    Quote Quoting wongb18c
    View Post
    I see, so you suggest that I hire a lawyer and take him to superior court?
    Yes, that's what I said.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Total Newbie - 3 Months No Rent, Want to Evict

    Take a look at the Landlord's Guide to the New York City Housing Court.

    The conventional wisdom is that NYC makes it sufficiently complex to evict a tenant that it's worth bringing in a lawyer; I've not personally tried, so I have no personal experience to relate.

    In my experience, when tenants are evicted owing back rent, even with a money judgment you usually end up taking a loss.

  6. #6
    Join Date
    Jan 2009
    Posts
    3

    Default Re: Total Newbie - 3 Months No Rent, Want to Evict

    Quote Quoting aaron
    View Post
    Take a look at the Landlord's Guide to the New York City Housing Court.

    The conventional wisdom is that NYC makes it sufficiently complex to evict a tenant that it's worth bringing in a lawyer; I've not personally tried, so I have no personal experience to relate.

    In my experience, when tenants are evicted owing back rent, even with a money judgment you usually end up taking a loss.
    I see, I will read that guide in detail and take the necessary actions step by step. If I do not succeed, then I will hire a lawyer.

    Thank you for your help aaron.

  7. #7
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Total Newbie - 3 Months No Rent, Want to Evict

    Quote Quoting wongb18c
    View Post
    I see, I will read that guide in detail and take the necessary actions step by step. If I do not succeed, then I will hire a lawyer.

    Thank you for your help aaron.
    Be sure to pay careful attention when it says:

    This Guide is not a substitute for a lawyer.

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