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How to evict a tenant out! What steps to take.

By
Real Estate Broker/Owner with New York Real Estate Experts

When a tenants, hasn't paid their rent or the tenant hasn't lived up to the terms of the lease agreement . What ever the reason , how do you go about evicting the him out?

First and foremost, remember that the laws in your state may require different procedures than the general advice in this post, so get familiar with the rules in your area and get yourself a good lawyer - preferably one that specializes in landlord/tenant disputes.

Step 1: Give notice - The very first step is to give the tenant notice.

Step 2: File the action in court - If you've sent the required legal notice and the tenant still hasn't fixed the problem within the specified number of days, then it's time to file an eviction action in court.

Step 3: Fight or flight - If the tenant does not respond to the eviction action within the allotted time, then you'll receive a default judgment in your favor. If the tenant fights the action, then you're on your way to court. If you haven't found yourself a good lawyer yet, now is the time.

Step 4: Getting on with eviction - If the court rules in your favor, the next step is to contact the local Sheriff's Department to enforce the ruling. Resist the temptation to change the locks or remove the tenant's personal property. Taking matters into your own hands will almost certainly land you in trouble. Instead, let the Sheriff's Department do its job. They'll post a notice on the door and remove the tenant's belongings after waiting the appropriate period of time. That's when it's time to call the locksmith.

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