What is the process to follow if a tenant doesn’t leave within 30 days?

UPDATED: May 14, 2012

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What is the process to follow if a tenant doesn’t leave within 30 days?

I recently evicted a month-to-month subtenant; i gave him 30 day notice to leave. Also, he brings drugs into my home and I have heard his dealer here several times. Would I legally be able to record their conversation, so that I have substantial evidence against him, should this go to court? What are my rights in that sense? Also, he was to pay extra for oil (used for heat/hot water), but never has. I know I cant shut water off, but would I be allowed to shut the shower off? He’d still have water from the faucets, and a running toilet. Wouldn’t be fair to allow him to use hot water that he doesn’t pay for.

Asked on May 14, 2012 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have served your tenant with a thirty (30) day notice of termination of his lease and the thirty (30) days have passed and the tenant is still in possession of the rental where a move does not seem to be coming soon, you should consult with a landlord tenant attorney about filing an unlawful detainer lawsuit in order to get a court order evicting the tenant.

I caution you about NOT having any of the utilities shut off at the rental until after the tenant has vacated. To do such while the tenant is in possession by you could lead to a legal action against you.

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