When it becomes necessary to evict a tenant, landlords must follow the letter of the law. Eviction is a lengthy and unpleasant process for all involved, and avoiding common mistakes throughout the proceedings can save everyone a lot of headaches.
New York eviction law states that a court proceeding and judgment of possession are necessary for removing a tenant. Being aware of mistakes that landlords tend to make when pursuing an eviction can help ensure a lawful and efficient procedure.
1. Preparing insufficient evidence
When presenting an eviction case to a court, landlords must present ample evidence that a tenant is in violation of the lease agreement. Bank statements can support a claim of failure to pay rent and photographs can be evidence of wrongful behavior.
2. Relying on verbal agreements
A landlord who settles matters with verbal agreements may be in trouble if they later attempt to evict a tenant. For example, a rise in rent prices should go into writing and be officially added to any lease agreements. Without doing so, the landlord’s case may not hold up in court.
3. Attempting self-help eviction
Self-help eviction refers to the process of a landlord attempting to evict a tenant without following judicial process or involving the local sheriff or another officer. However, disregarding the judicial eviction process is unlawful and comes with serious legal repercussions.
Maintaining compliance and building a strong case when moving forward with an eviction can be difficult without legal counsel. Landlords who are struggling to remove a difficult tenant should consult an attorney with experience handling landlord-tenant issues.