How to evict

Question

I just bought a multi family property in Syracuse, NY and one of the tenants is a real issue. He is smoking in the building and has a cat (both of these are in violation of his lease) he scares the other tenants and is always intoxicated. Can I evict him for violating the lease? If so do I need any proof?

Dylan Prestwich · Answer

Lease doesn’t expire tell November. When you say pictures of the smoking what do you mean? What would work for proof of smoking?

Laura Stayton · Answer

Yes you can evict on violations but it can be tough.  You need pictures of the cat and smoking and then send the violation letter according to your landlord-tenant code (in DE we have to give them a written 7 day notice to correct violation with proof of mailing)  When is his lease up?  Might be quicker if it expires soon.  Of course if he's on month to month I'd give notice right away.

Good luck.

Nathan Gesner · Answer

Yes, you can evict for violations of the lease. If you can't figure it out on your own, hire an attorney.

Stephanie Jacobson · Answer

Oof… yeah that’s a tough one. How much time is remaining on his lease? How long has he been in the building?

Though both things are violations of his lease, if he refuses to leave a judge may not find the offenses serious enough to force him out. It’s very likely that you’ll end up in a cash-for-keys situation. If his lease ends soon, make sure you give him proper notice (it might be ninety days) that you’re not renewing.