How to handle an eviction with a 1 year lease in force?
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How to handle an eviction with a 1 year lease in force?
Tenant moved 1 1/2 month ago holding a 1 year lease. Tenant violated lease agreement and put the house in danger of fire. Asked her to move out. She wants us to evict her. Will the lease affect the eviction? Are we right in evicting her for this issue? What do we put on the 30 day notice form for type of tenancy?
Asked on February 7, 2012 under Real Estate Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your tenant breached the written lease, you can serve her with a 30 day notice of termination stating the reasons for the ending of the lease within the document.
If you want her evicted for breaching the lease, then you have every right to end the lease with this tenant.
If the tenant leaves the premises on her own, your recourse for any money owed such as property damages and unpaid rent up to the time you get a replacement tenant.
If the tenant refuses to vacate, then you should consult with a landlord tenant attorney to file an unlawful detainer action against her to get her out of the premises.
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