The best way to avoid evicting tenants is to choose responsible tenants. Be sure to run credit checks (tenant consent required), use a rental application, get references, and execute a lease. If you change the way you do business it will save you money in the long run. Do not rent to proposed tenants that do not have a solid renting history. Keep a lookout for fabricated documents like paycheck stubs, utility bills, credit reports (run a new one), and bank statements. Confirm the places they rented from before actually exist. Beware of the cash up front for an immediate move-in scam (forgoing all the background checks) because that will probably be the last time you receive rent from that tenant.
Generally you have the right to evict a tenant in NY when one of the following things has occurred pursuant to Landlord Tenant Law in NY:
In addition to the terms and conditions below, I generally charge $750.00 plus costs for an eviction in the City of Buffalo and $650.00 plus costs for an eviction in the Justice Courts in Erie County, City of Lackawanna, and the City of Tonawanda (but depends on the circumstances of the case). Costs usually total about $100.00 to $150.00, for process service and filing fees. In the event the tenant does not leave as ordered by the Court you will have to pay the Sheriff to remove the tenant from the premises.
Landlords, you agree to the following: If you retain me to do an eviction, and then you change your mind (like if tenant moves out and you no longer need the eviction), you do not get a refund of the attorney fee only the unused portion of the costs are refunded. I do not refund the attorney fee because I have to often drop what I am doing and reserve time in my schedule to do your work, in an expedited manner, at the expense of my other clients. I will however, if no Court appearances have been made on your case, waive my fee on your next eviction, (excepting the court costs) even though I may have done a lot of work on the first eviction case. No exceptions to these rules. If you hire me these are the terms of representation.