How to Terminate the Rental Agreement for Nonpayment of Rent in Upstate New York

As a landlord, you sometimes have to deal with difficult situations, like terminating a lease when a tenant does not pay the rent. In order to carry out an eviction, you will need to follow all the legal steps. Not following the laws can result in a judge overturning your case or the tenant suing you in small claims court. Thankfully, New York's landlord and tenant laws lay out how to successfully remove a tenant who did not pay the rent.

Instructions

1

Read the lease carefully. If the lease does not waive the tenant's rights to a three-day notice, you cannot file with a local court until you complete this step.

2

Write a notice to the tenant informing him that he must pay the rent within three business days or forfeit his rights to the rental unit. Include the total amount of rent due. Post the notice on the tenant's front door or hand-deliver the notice to the tenant. Keep a copy of the notice.

3

Complete an affidavit of service in front of a notary public after serving the three-day notice. Make two copies of the affidavit of service, one for the local court and one for your records.

4

Complete a notice of petition. An attorney or a local judge can issue a notice of petition. Sign the notice of petition in front of a notary public. Attach a copy of the 3-day written notice and submit both documents to the court. After you submit the notices, a judge will issue a court date for the eviction hearing.

5

Locate someone over the age of 18 to serve the required documents to the tenant. The person who serves the documents must be a neutral third party. Have the person submit a copy of the notice of petition to the tenant.

6

Pay the required filing fees at the local court. Fees vary by country and city.

7

Submit the affidavit of service to the court. You must submit this document with three days of serving the tenant, according to the New York State Unified Court System.

8

Complete the warrant for nonpayment document supplied by the court. Bring this document with you to the eviction hearing.

9

Attend the eviction hearing. If the judge decides in your favor, a sheriff will remove the tenant after a 72-hour waiting period, according to the New York State Unified Court System.

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