Evicting Month to Month Tenants

Learn About Evicting Month to Month Tenants

Stuck and need help evicting month to month tenants?  Watch this video created by Michael F. Barrett, one of our experienced Buffalo Landlord Tenant Lawyers to learn your rights under the law. If you are a landlord in need of assistance with an eviction, or you’re dealing with a commercial or residential lease, contact us to schedule a consultation.  We will take the time to listen and get you the legal assistance you require.

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As a landlord, you may need to evict a month-to-month tenant. In that case, you must follow certain steps. First, you must give a full calendar month’s notice to the tenant – preferably in written form – which informs the tenant of the date when he or she must vacate your property. Once that date has come and gone, if the tenant has not vacated your property, you must bring an eviction petition in the city, town, or village court where the property is located. When you bring the petition, a court date will be set, and you must attend. Your attorney can attend on your behalf, and the tenant may or may not appear. At that court date, you or your attorney will ask the judge for a warrant of eviction and, if one is granted, you can take the warrant and have a sheriff or marshal enforce the warrant and remove the tenant.

  • In case, as a landlord, you need to evict a month-to-month tenant, you must follow specific steps.
  • First, you must give your tenant a full calendar month’s notice – preferably in written form – and inform the tenant of the date by which they must vacate your property.
  • If the tenant has not vacated your property by the time that date has passed, you must bring an eviction petition in the court that has jurisdiction where the property is located. At that time, a court date will be set, and you must attend or be represented the hearing.
  • Your attorney can attend on your behalf, and the tenant may or may not appear, and you or your attorney will ask the judge for a warrant of eviction.
  • If that warrant is granted, you can take it to a sheriff or marshal and have them enforce the warrant and remove the tenant.

Do you have questions about evicting month to month tenants? Contact our award winning Buffalo landlord tenant lawyers today for guidance.

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