When to evict tenants

    eviction notice albany nyYou bought an investment property thinking it was a quick way to make extra cash. You were aware that you’d be responsible for property maintenance and upkeep, but didn’t realize your obligations extended much past that. You found your tenants through an ad you posted online. They seemed friendly enough, so you had no problems presenting them with a lease. However, not everyone stays as they first appear. At some point, you may be faced with possible eviction.

    There are a few reasons that would cause a landlord to consider eviction. Perhaps you have a tenant who consistently pays rent late or, worse, not at all. You may receive daily complaints from your other renters who let you know how disruptive the person in Apartment 2A can be. You may have come over to fix that leaky sink only to find a unit with a hole in the living room wall, a purple bedroom you vividly remember painting tan and a bathroom full of mold.

    Continuing to have a landlord-tenant relationship with this type of renter will only hurt you.

    Evicting disruptive tenants can become overwhelming. If you are considering eviction, be sure to be familiar with state laws. For example, if you have a non-paying tenant – which is the most common reason a landlord would evict – the procedures and length of time it can take vary from state to state.

    In most instances, it’s best to start with a formal notice, informing the tenant of their overdue status and telling them that they may face eviction. Although it’s best to have your lawyer look it over, you can find a generic over-due rent form here. Be sure to include the length of time they have to bring their balance up-to-date (ex- one week, one month). If they fail to comply, you may begin the eviction process.

    Violation of lease terms is also a cause for eviction. For example, your lease states that no loud music or disruption shall occur after 10:00 p.m., yet your other renters are calling you to say that Apartment 2A consistently throws weeknight parties which last well into the morning hours. Serve this renter an official notice, reminding them of the lease terms and warning them to discontinue this behavior. It’s advised to formally warn the tenant of their violation of lease terms before immediately trying to evict.

    If the tenant does not make an effort to cooperate, you are within your rights to make them leave.

    If your warnings went unnoticed, present your tenant with a notice of eviction. Typical eviction notices give the tenant a 5, 10 or 30 day time period in order to vacate the premises without facing legal intervention.

    Give the notice and then wait. Easier said than done, but it’s vital that you follow your own terms. If the time lapses and the tenant is still there, you will have to go to the courthouse to file an official eviction notice.

    Are you looking to buy an investment property in Albany, NY? Bob Eberle spent years as a real estate investor and was actually a finalist to host the A&E program Flip That House. He knows a great deal when he sees one. We’d love to help you purchase rental properties.

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