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How do I start an eviction case?

Most eviction cases require that you first give the tenant or occupant a notice either asking for the rent or warning of an upcoming eviction case in court. In a nonpayment case, you must first “demand” the rent. In a holdover case, the notice depends on the type of tenancy or occupancy and on the type of eviction you will be doing. For example, a 30 day notice of termination is required before you can start a holdover case to evict a month-to-month tenant (a tenant without a written lease). And a ten day notice to quit is required before you can start an eviction case against a squatter (an occupant who never had permission to be in the apartment) or a licensee (someone who has permission either from the owner or another tenant to be in the apartment but who didn’t pay rent or have a lease). If the apartment is covered by rent regulations or subsidy agreements, the notice requirements can be complicated. Consult a lawyer if possible. If you have a lawyer representing you, the lawyer can handle most of the filing tasks and appear in court for you.

Note: If your building is owned by a corporation, you must hire a lawyer to represent you in court.

Topics
What happens in court if I sue my tenant? 10 Tips
Related Glossary Terms
Eviction Eviction Notice Nonpayment case Predicate notice
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