Renting is the new trend in Buffalo, with rental prices and the percentage of renters within city limits slowly but steadily trickling upwards. With the renewed interest in the Buffalo-Niagara Falls metropolitan area, landlords can now select from a wider range of potential tenants in order to fill rental units, and they need not worry that apartments will remain empty if a tenant must be evicted. To learn more about the rationale for and process of eviction, and how eviction notices for lease violations work, be sure to watch attorney Michael F. Barrett’s video below.
Eviction Notices for Lease Violations
One reason why you may need to evict a tenant occurs when the tenant is in substantial violation of the lease. How you go about doing that depends largely on the terms of your specific lease, but the process usually consists of giving your tenant a notice that gives her or him an opportunity to fix the problem. If the tenant does not fix the problem, or if the problem is not fixable, your next step is to issue a Notice of Termination of the lease.
The Notice of Termination should clearly indicate the date that ends the lease. If the tenant is not out by that date, the Notice will let the tenant know that you’re going to bring an action in court to enforce your eviction. Once that date has come and gone, if the tenant has not vacated the property, you can file a petition with the court and proceed to evict the tenant that way.
You may need to evict tenants violating a lease; how you will accomplish that depends largely on the specific terms of your lease. The process usually begins with giving your tenant a written notice, with a specified time limit, giving him an opportunity to fix the problem. If the tenant does not fix the problem – or the problem isn’t fixable – your next step is to issue a Notice of Termination of the lease which should clearly indicate the date on which the lease ends. If the tenant does not vacate your property by that date, the Notice will advise the tenant that you intend to bring a court action to enforce your eviction. Once that date passes and the tenant refuses to vacate the property, you can file a petition with the court and proceed to evict the tenant.
If you are a landlord in need of assistance with an eviction, or have questions about how eviction notices for lease violations work, contact our Buffalo landlord tenant attorneys for experienced representation.
The law firm of Cole, Sorrentino, Hurley, Hewner & Gambino has been providing sound legal advice and representation in a variety of legal areas for more than 45 years. Let our experience work for you.