How to Get Rid of an Illegal Tenant in New York
- 1). Fill out a Blumberg legal form number B119. This is a form for making a rent demand. The form must be delivered to the tenant at least three days before you can begin the process of bringing suit against that tenant.
- 2). Fill out the forms necessary for a nonpayment petition. These forms are the T206D, T207D, T206DC, and T216, all of which can be found at a legal stationery store. The T216 form is a postcard and must be stamped so the court can mail it to the illegal tenant. Make photocopies of the forms.
- 3). Buy an index number at the Landlord-Tenant Clerk's Office. Bring your filled-out forms and $45.00.
- 4). Serve the tenant with the T207D and T206D forms.
- 5). Bring the original Petition Notice, form T207D, back to the clerk's office, with the affidavit of service filled out by the process server. Wait for the tenant to answer the court summons. After that, the court will send you a postcard with the date, place and time of your hearing.
- 6). Go to court. Prepare your case by gathering the deed to the building, the lease with the tenant you are suing, a witness and any other records or documents pertaining to the lease agreement with the tenant. Make your case explaining your reasons for evicting this tenant.
- 1). Fill out the necessary forms. They are the B307, X210, X210C, X211, and the T216 postcard. Make photocopies.
- 2). Serve the B307 form, which is a notice of termination, to the tenant before the start of the next rental term. If the tenant hasn't paid rent when the next rental term rolls around, bring all of the forms and the original B307 to the Landlord-Tenant Clerk's Office and buy an index number.
- 3). Serve the X210 and X211 forms to the tenant after you buy an index number. Do this no more than 12 days before a scheduled court date and no less than five days. You will receive your X211 form from the clerk with a court date on it.
- 4). Bring back the original X211 form after it is served with the affidavit of service filled out by the server. Also bring the stamped postcard for the court to mail to the tenant.
- 5). Prepare your case as in Step 6 in the first section.
Nonpayment Case
Holdover Case
Source...