question on an eviction

[Roger Z.]

I am in New York State.

I have a one year written lease with the tenant which will end on Oct 31, 2015. Rent was paid on time before. Usually I sent a message or a phone call to confirm the rent collection date.

However, on Sep 1 and 3rd, I sent the ask-for-rent messages twice and no reply. I called the tenant and he said that he would call me back but no at all.

On Sep 4th, I asked my friend to deliver a "rent demand notice" (deadline set to Sep 14) and he told my friend that he is leaving by the end of September. My friend told me but I thought it was a joke, since the lease will be over at the end of October.

On Sep 14th, I went to talk to him. He said that he is leaving at the end of September, and he just use the one-month deposit as the last month rent. I told him this is not the correct way but he refused to give me any rent. I filed a petition for eviction on Sep 16.

I have the following questions:

1. I did all these on my own but still wondering if I should have an attorney.

2. What can I do in the court which will be next week (Sep 24):

a. what should I ask for?

If he shows proof (like a new lease) that he is leaving, I still need to ask for rent for September, but can I still ask for rent for October?

b. He caused lots of damage to the house. That is why I must hold his deposit. But should I evict him first, or I will be discussing repairs in the nonpayment court?

Thanks a lot for your help to the new comer!

[Glen Andrews]

Roger, let me know your email and I'll send you a good lease agreement.