I gave my tenants 30 days notice & they are still there. What is my next step?

Question

I am a landlord in Upstate NY and I gave my tenants 30 days notice to move because I need to move into the apartment. I drove by today and they had a window open upstairs. I stopped and told them since I pay the heat that I wanted the heat turned down and the window closed. It was hotter than hell in there. I noticed that there was nothing packed up and asked if they had found a place to go. They said no. There deadline is tonight at 12pm! What is my next step in evicting them? Also, I pay the heat and they are abusing it, can I keep their security deposit because if it?

Answer 1

Each state has their own laws. Most that I've seen require "one full rental period", meaning 30 days would only be enough if you notified them on January 31. You have to give them the full month after the date of notice.

Then after they don't leave, you start the formal eviction process. Time requirements vary, but first you give them the "Notice to Quit", and if they aren't gone at the end of that time (3 to 5 days, usually) you have to go to court, file suit, ask for possession, and once they are served with that, they have a few days to respond. If they don't respond, then you can throw them into the street.

It's worth paying a lawyer. If you screw this up, they'll still be there come Thanksgiving.

Answer 2

I'm amazed that as a landlord you don't know your own states laws governing the landlord tenant act.
You've given them an eviction notice that they have tended to ignore.
Your next step is to tender the courts so they have the power to evict forcebly if need be. Since the eviction notice gives them until midnight after that they are trespassing. Then you got to go to the courts to enforced the eviction order you have given the tennants.
The security deposit for heat I don't think so not on those terms. You agreed you pay for the heat there is no way you can keep the security deposit because of that.
Security deposits are actually there last months rent if they don't pay you. It's also to pay for any damages that they caused to your rental unit. But for the heat no.

Answer 3

Your next step is a court ordered eviction. You will need to have them served a summons (the local court should have a "fill in the blank" style form.) Then wait for a court date for the hearing. If the court upholds the eviction they will be ordered to vacate the unit. If they don't leave, the court will have the police forcefully remove them.
This can take a couple of months so see a real estate lawyer before you do anything. The cost of the lawyer and court fees will be paid by the tenant. Most lawyers will give a free first consultation.
Do not with hold the deposit unless there is damage to the unit or they do not pay rent. The courts tend to favor tenants (as does the law) so tread carefully. The lawyer will tell you the same thing.

Answer 4

First of all, just because you tell them they have to leave doesn't mean they have to. They have every right to contest any and all notices they are given. If they have a lease, they don't have to go anywhere until it expires. In New York, your notice has to be given more than 30 days before then end of the lease term. If they don't have a lease, then they can be given a months notice, but you still have to prove you served it and that it was proper.

There are also many regulations on personal use evictions, especially if the tenant is in a rent stabilized unit in New York. You may need to start an action before the DHCR.

If you have to start a holdover action, your notice and service can be challenged. Hopefully you had the notice professionally prepared and served.

You can't demand that tenants turn down the heat. If cost was an issue, you could have installed a programmable thermostat. If it is in their lease that they must conserve heat and resources, you can serve them with a notice that says they are violating the terms of their lease and proceed from there. Even if it isn't in the lease, if the waste was outrageous you could still serve notice.

You can't arbitrarily keep a security deposit. If they keep it up with the heat loss after you give them notice, you can deduct the excess cost from the deposit but you need to give an accounting of it to the tenant.

Also, if you accept a single penny of rent from them after the date you terminated their tenancy, you vacate any notice you gave them. The only exeption to this in New York is if a Judge extends their tenancy to allow them time to find another place. He or she can order that the rent be paid during that time.

Answer 5

Did your tenant have a lease, or were they month to month? If they have a lease for a longer period of time, and if they're paying their rent...there's not much you can do.

If you feel you do have the right to force them out, you'll need to go to court and get an eviction notice.

As for the heat issue, I think you're out of luck. The language in your lease (assuming you have one) probably talks about damage to the apartment as a reason for keeping the security deposit, but not excessive use of heat.

Answer 6

I don't know about the security deposit thing but the next step to take is to take a legal one if they aren't out. I know the cops came and made one of the tenants get out of an apartment across the street from me. The landlord gave them the 30 day notice and they wouldn't leave so the cops got them out. I don't know what steps the landlord took to make that happen though so, good luck.

Answer 7

All this "verbal" stuff is valueless. Landlord could wade with the aid of an eviction technique. regularly (relies upon on the State) this involves first a three day written be conscious to pay or end. Then a 30 day be conscious, that's filed with the courtroom. Then the surely courtroom date. a nicely mentioned tenant can stretch this technique out to six months in California yet in Texas the technique is extra fast. you are able to desire to attend till the eviction technique is finished before you sign something or pay something.

Answer 8

I believe you now have to give a 5 day notice (or call the sherrif and they give the 5 day notice) That means they have 5 days to pack up there crap and go. If after 5 days they are still there, the sherrif comes and they are only allowed to take out what they can carry. But call the sherrifs office and ask to make sure as the laws could be different in yoru state

Answer 9

If they will not leave on their own, make sure you have a copy of the eviction notice and call the police to report them for tresspassing. As for the heat, it depends on what was written in the contract you signed with them, i dont think legally you could deduct from the deposit for that, though you could make up for it in other small problems.

Answer 10

The only way you can keep the security deposit for heating is if it was stated in your lease agreement. I am not sure how laws work in NY but in NV the next step to getting them out is having a sherriff come with you to the apartment and let them know its time to go and you basically lock them out. There stuff can be moved into a storage and you can keep the security deposit for the money it took to get their stuff out.
--Chesa--