Tenants Violating A Lease

Evicting a Tenant for Violating a Lease

Are your tenants violating a lease which has caused you problems?  Watch this video created by one of our Landlord Tenant Attorneys near Buffalo NY, Michael F. Barrett for guidance. 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 started on getting the legal assistance you require.

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Another reason 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 him an opportunity to fix the problem. If the tenant does not fix the problem, or if the problem isn’t 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.

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