Evicting Non-Paying Tenants

Learn the Process of Evicting Non-Paying Tenants

Stuck with “deadbeats” and need help evicting non-paying tenants?  Watch this video created by Michael F. Barrett, one of our experienced Buffalo Landlord Tenant Lawyers to learn the process. If you are a landlord in need of assistance with an eviction, or you’re dealing with a commercial or residential lease, contact our award winning attorneys to schedule a consultation.  We will take the time to listen and get you started on getting the legal assistance you require.

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If you’re a landlord and your tenant stops paying rent, you may need to proceed with an eviction for non-payment of rent by following a prescribed number of steps. First, you must give your tenant what’s commonly known as a three-day notice to vacate. This notice demands that the tenant either pay whatever amount of money that tenant owes or vacate the property within three days.

If the tenant does neither of those things, your next step is to bring an eviction petition in the city, town, or village court where the property is located. Once the tenant has been served, a court date will be set. At that time, the landlord, his attorney, and the tenant (if the tenant decides to attend) appear in court. At that time, the landlord asks the judge to grant a warrant of eviction and, in certain circumstances, this process may also grant a money judgment. If the landlord is successful in obtaining the warrant of eviction, he can then take that warrant, give it to a sheriff, marshal, or constable – depending on where the property is located – and ask them to enforce that warrant.

  • If a tenant stops paying rent, a landlord who is forced to proceed with an eviction for non-payment of rent must follow certain prescribed steps.
  • First, the landlord must give the tenant what’s commonly known as a three-day notice to vacate which demands that the tenant either pay whatever amount of money that tenant owes or vacate the property within three days.
  • If the tenant does neither of those things, to the landlord may bring an eviction petition in the city, town, or village court where the property is located.
  • Once the tenant has been served, and a court date has been set, the landlord, his attorney, and the tenant (if the tenant decides to attend) appear in court where the landlord asks the judge to grant a warrant of eviction. In certain circumstances, this process may also include the granting of a money judgment.
  • If the landlord succeeds in obtaining the warrant of eviction, he can then take that warrant to a sheriff, marshal, or constable – depending on where the property is located – and ask them to enforce that warrant.

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