What is the process for evicting a tenant from a condo unit?
The process for evicting a tenant from a condo unit in New York can be complex. Generally speaking, if a tenant breaches their lease agreement, the landlord has the right to evict them. Depending on the violation, the landlord can either proceed with an "unconditional quit" or a "notice to cure," depending on the circumstances. An unconditional quit is a notice that gives the tenant seven days to vacate the premises. If the tenant does not move out in that time, the landlord may take further legal action. A notice to cure is a notice that specifies the violation and gives the tenant a certain amount of time (usually 14 days) to rectify the issue. If the tenant fails to rectify the issue within the designated time frame, the landlord may proceed with an eviction. If the tenant does not cooperate with the eviction, the landlord must file a petition with the court to begin the formal eviction process. The tenant will receive a Summons and Complaint, which will provide them with court date, time, and location. At the court hearing, the tenant has the right to defend themselves and present evidence or witnesses in favor of their case. Depending on the situation, the judge may decide if the eviction should be granted or denied. If it is granted, the landlord will have a Writ of Possession, which will require the tenant to leave the property within a certain amount of time. If the tenant still does not leave the property, the landlord can have the sheriff remove them.
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