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What can i do if tenant refuses to leave after eviction notice?

Howard Beach, NY |

i went to a lawyer's office and received an eviction notice to give the tenant. her lease expired last november and i want her to move out. it is a 2 apt family home. one letter is going to be sent out to her via mail and another one i gave to her personally. she got very angry with me and told me that she can receive a million of those eviction letters and she will NOT go to court no matter what. this woman is giving me a hard time and i want her out ASAP. im considering sticking with a lawyer right now.. what would be my next step?

Attorney Answers 4


  1. Best answer

    The attorney you went to got you started with the first step in the eviction process. Go back to that attorney and ask for help commencing a summary eviction proceeding.

    On a practical note, if the tenant refuses to go to court, that will probably work in your favor.

    This communication is intended only to provide general information. No attorney-client relationship is created.


  2. You will need to start a court proceeding in order to remove your tenant from her apartment. You should not be the person serving notices or court documents against the tenant. You will be a party in any proceeding against her. A person who is a party to a lawsuit in New York is not permitted to personally serve papers on the other party.


  3. Consider another landlord tenant lawyer. Someone over 18 not a party to the action should be serving the notice.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  4. Dear Landlord:

    Perhaps the paper you received from your`attorney is a termination of tenancy notice. That is the legal document that sets you up for a right to commence a summary holdover proceeding. Your tenant in a manner of speaking is correct. She could receive a million tenancy termination notices, but if none are served in the manner dictated by the statute, none will help move you along. When you have the notice correctly served, and the tenant does not move by the end date of the tenancy, you are forced into starting a court proceeding. As another attorney pointed out to you, you cannot be the process server. If your tenant had a normal month to month period (rent due date on the first day of the month) the notice you have should terminate the tenancy on May 31, 2013. Just have someone else who does not own your house perform the required acts of service. As this is a`strictly legal remedy, the service of the papers, is critical. If you do not know how to do this get written instructions from your attorney. The person performing the acts of service must swear out an affidavit of service. The lawyer should prepare the affidavit.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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