NEW YORK - September 25, 2018 - (Newswire.com)
Bennett Movers, a local New York eviction process moving company, shares some of the more important cornerstones to keep in mind when handling tenant eviction. As an eviction moving company, Bennett's mainstay is providing traditional moving services for jobs that involve a tenant being evicted from their primary residence. Typically, when tenants violate their lease or rental agreement, a landlord will terminate residency through an eviction warrant, leaving them with a specified amount of time to vacate the premises. Bennett Movers fits into the equation by providing landlords a professional moving team to clear away any forgone belongings that were left behind. And operating in this capacity requires some extensive knowledge of eviction law. They've shared some of this education below, from the most common reasons for eviction to the necessary paperwork required by the sheriff's office.
Reasons to Evict
Eviction is usually the last course of action a landlord will pursue when handling disruptful tenants. A landlord cannot simply hand over an eviction warrant unless they have proper motive supported by tangible evidence. Below are some of the most common reasons for evicting a tenant.
1. Violation of Rental Agreement: Violation of lease/rental agreement can come in many forms, and usually refers to a tenant breaking a certain clause. Owning a pet in the presence of a "no pets" agreement is a very common form of violation.
2. Refusal to Pay Rent: Anytime a tenant refuses rent payment, a landlord has rights to terminate that tenancy. Some cities have buffer zones in place for late payments, and if this is the case, then it's advised to give the tenant a late payment notice. That way if the eviction goes to court, the landlord will have a paper trail to show the tenant's tardy payments.
3. Property Damage: Any major, real property damage is obviously grounds for eviction, but the severity of the damage, and whether the tenant intends to make repairs, is important to consider if using this reason to pursue eviction.
4. Illegal Usage of Property: If a tenant turns their residence into a hub for explicitly illegal activities, such as selling narcotics, then a landlord has the right to evict them. This can include what the law considers illegal, and certain activities outlined in the agreement.
Filing Paperwork
The eviction process in NY, and most other places, require landlords to file an eviction notice with the local county Sheriff's Department if the tenant is still occupying property past the termination date. These documents essentially create a paper trail that can be used to show court judges that a landlord has given proper notice to a tenant.
Court Dates
Typically, the first step in New York evictions involves a landlord delivering termination notice to the tenant. Should the tenant remain on the property following a certain time period after, then a landlord must file for an unlawful detainer suit. This will set a court date where the landlord will present evidence to support their claim to evict. The tenant may also deliver evidence to fight against the eviction.
Sheriff Presence
In the state of New York, only a sheriff's deputy can legally remove any tenants still occupying the premises on, or after, the day of eviction. This can only occur, however, after the landlord has won the suit filed with the court system.
Eviction movers, like Bennett, are extremely familiar with these practices and often have insurance forms, notice templates, and other helpful tools in navigating the steps for eviction. With 25 years and 9000 completed moves, they know New York eviction as well as law firms. Landlords in the New York City area that need to clear out a tenant's former residence should head over to their website now and get a free quote.
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Original Source: Discover How the New York Eviction Process Affects Moving
