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 OVERVIEW: A landlord can not simply use self-help measures and forcibly remove a tenant without an order from the Court. Changing a tenant's locks, cutting off electricity, air conditioning or other services are all prohibited self-help measures. Taking self-help measures can be expensive business as the tenant could file suit against you for damages. To make up for the fact that there is no self-help, Real estate eviction cases are fast-track cases wherein timely resolution is a priority. A tenant can be evicted from the property if the tenant violates any provision of the lease. The lease itself has a term but the right to continue until the end of that term is subject to following the provisions of the lease.
Although a written lease is preferred, the lease itself need not be in writing. Excessive noise, improper business conducted on the premises, damage to the property, or nonpayment of rent are all valid reasons for an eviction. Before a landlord can evict a tenant, the landlord must give that tenant a three-day notice to cure and/or vacate. Thereafter, an eviction case can be filed in County Court to put possession of the property back in the hands of the landlord. Once the Court has issued a Writ of Possession, the landlord may move in to take the property back, and the Sheriff's Office will assist you if the tenant will not vacate voluntarily.
KEY BENEFITS: Review of lease and facts regarding violations. Preparation of all statutory notices and preparation of all pleadings. Coordination for service of process and use of the Sheriff's Office if necessary.
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