If you decide that it is time to part company with your tenant and can’t reach an agreement, there are several steps that must be followed. First is to formally end the tenancy. For tenants with leases, you need to carefully review the lease to determine what notice and under what conditions the tenancy can be terminated. A written notice of termination must be properly delivered. If there is a written tenancy at will agreement, that agreement must also be consulted. Where no written agreement exists, a landlord must give 14-days written notice to tenants who are being evicted for
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Landlords should be careful in this area. While you may be tempted to evict a tenant because they called the local board of health or complained about conditions in the apartment, this can get you into serious legal trouble. In court, it is presumed a landlord retaliated against a tenant if rent is raised or other terms are changed within 6 months of a tenant exercising his or her protected rights, including the right to a habitable property that meets state sanitary code standards. Before you take action against a tenant, consult with counsel to make sure sending a notice
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The law requires strict adherence to the timetables set forth in the statute and landlords must be sure to follow them. Those who are not familiar with procedures should contact counsel for help before starting an eviction process. A proper notice to quit must first be served, and a summons and complaint must then follow and be filed in court within prescribed time limits. If any procedures are not complied with, a court can dismiss an eviction action and require that it be started all over again.
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