Avoiding Eviction
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. In addition, be sure to include in your lease the procedure for dealing with valuable property that is left behind in the event a tenant is evicted.
Do I have the Right to Evict My 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:
- The tenant did not pay the rent (non-payment)
- The tenant violated the terms of the lease agreement.
- The tenant's lease has expired and the tenant is a holdover.
- The Month-to-Month was terminated and tenant fails to vacate.
- The tenant is conducting illegal activities on the premises.
- The tenant illegally sublets.
What does an Eviction Cost
In addition to the terms and conditions below, I generally charge $1100.00 plus costs for an eviction in the City of Buffalo and $1000.00 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.
Terms and Conditions of Representation
Landlords, you agree to the following: If you retain me to do an eviction as stated above, and then you later decide not to go forward with the eviction, you will be charged an attorney fee for my time at a rate of $300.00 an hour for phone calls, emails, and other work. The unused portion of the attorney fee will be refunded to you, along with the unused portion of the costs of the eviction. If no Court appearances have been made on your case, I will also give you the option of waiving my fee on your next eviction, instead of giving you a partial refund.