EVICTION FOR NONPAYMENT OF RENT IN THE POUGHKEEPSIE AREA
The eviction process is complex. Failure to comply with one of the many notice requirements will result in your petition being denied and having to start from scratch, thus adding to the rent arrearage on the tenant’s unpaid account. Because the eviction landscape is riddled with land mines, it is important to have the support of a qualified, experienced attorney like Glenn R. Bruno.
At the law office of Glenn R. Bruno, Esq., I represent landlords in evictions for nonpayment of rent in the Poughkeepsie, New York, area. In addition to Dutchess County, my staff and I have handled evictions in Putnam County, Ulster County, Orange County and Columbia County.
I work to protect the interests of landlords throughout the eviction process. Call 845-454-2385 or, if you prefer, send me an e-mail to schedule a free in-office or telephone consultation. My office is conveniently located across from the Dutchess County Courthouse.
PROCESS FOR EVICTING A TENANT FOR NONPAYMENT
Before you can evict a tenant who is not paying rent, you must follow the statutory procedures and requirements. First, you must prepare a three-day notice demanding payment of rent. This notice must be served on the tenant in the manner prescribed by statute.
Additionally, many landlords have found leases online and adopted them as their own. In many cases, these leases require that an additional notice be served as a part of the predicate notice phase of the eviction. Such paragraphs have required anywhere as much as a 5-, 7- or 15-day notice, depending on the lease and the landlord. In this situation, you will need to serve two notices.
If the tenant does not vacate or pay in full after the time period has expired, I will prepare the documents necessary to go to court. These documents include the Notice of Petition and the Petition. They must be submitted to the court and served on the tenant in the manner prescribed by statute. Furthermore, the tenant can only be served in the time period between five and 12 days before the date of the court appearance.
In court, we will seek a money judgment, a judgment of possession and a warrant of eviction. If the tenant still does not vacate the leased property, we will get the sheriff involved to evict the tenant.
ATTORNEYS’ FEES AND COURT COSTS
If you have a written lease that establishes if you can obtain late fees, attorneys’ fees and costs related to an eviction, then it is possible to make application for those fees and costs. The court will ultimately decide which of these fees and costs to grant and in what amount to grant them. Additionally, if you have a term of the lease that requires a tenant to pay utilities, and the tenant fails to pay, then the tenant might be responsible for that payment.