While no eviction is easy, not for the landlord and certainly not for the tenant, you must make sure you, the landlord, do not overstep your bounds.

And in the City of Schenectady there are bounds. There are also rules, local laws just for landlords and there are many “tenant advocates.”

NON-PAYMENT OF RENT
1. Rent is due on the first day of the month. If rent is not received, SERVE tenant with a three day demand to pay rent. Use proper process server methods. Costs vary.
2. If rent is not paid by the fourth day from notice (e.g. Served on Tuesday – then Wednesday, Thursday and Friday constitute the three days and weekends are not counted), go to city court and file a petition to evict them. The court clerk will help you.
3. You must SERVE the tenant and anyone else living in the apartment with a copy of the petition and court date. There is a window of sorts, something like “not sooner than 12 days before the court date, or later than 5 days before the court date.” Make sure you know that window.

If you have a section 8 tenant, you must also notify section 8 that you are evicting the tenant. Also, beware of SCAP.

4. Court appearance. You will start.
A. If the amount of rent due (like if its a new month) has changed, make a “motion” to amend the amount of rent due. You can include your court costs to date, like the cost for process service.
B. If the tenant has the money due, you must accept it. If the tenant wants to pay by check, you still have to accept it but you can ask for an adjournment to ensure the check clears. Ask for a week.  YOU DO NOT HAVE TO ACCEPT A PARTIAL PAYMENT, AND THE PAYMENT HAS TO BE IN FULL FOR YOUR COSTS TO DATE.
C. If the tenant doesn’t want to pay, the judge may/will ask you and the tenant to try to work something out. That is called mediation and is done ouside the courtroom.
C1. The mediator will ask you for a copy of your rental certificate inspection. Have it for them.
C2. If you have a lease show it to them.
C3. The tenant may say they’ll be out and may want to bargain through pro-rating the rent. That’s up to you but if you have a lease I don’t recomment it.
C4. If the tenant says they’ll be out, ask for an Order of Eviction.
C5. If the tenant is in rent arrears for quite a bit, ask for an order of eviction.
D. Back in Court – after mediation, you are going to tell the judge something. You may tell him/her that you worked things out and the tenant will pay, or you are going to ask for an “Order of Eviction.”
E. If the tenant owes you money you will both receive a new court date for that.
5. After getting your order from the court, immediately go to the sheriff’s department to submit it. It will cost about $113 dollars and they will give you a questionaire.
A. The sheriff’s department will deliver a 72 hour notice for the tenant to vacate your property. YOU CANNOT evict your tenant, that’s the law. The sheriff handles evictions in our county.
B. It may take them a week or more to deliver the notice so don’t get too impatient. If you have concerns about them damaging the place, give them fair notice (24 hours) that you are going to inspect it, and bring your camera. If they do damage it you can have them arrested for criminal mischief.
C. The sheriff performs the actual eviction and returns the property to you. You can change the locks now, or padlock it. Your choice. The tenant may no longer come on the property. If there is furniture left behind you must hold onto it for up to six months. The evictees have one opportunity to make arrangements with you, at your convenience, to get their stuff.

NOTES: every eviction is different but these are the basic steps. Always get your rental certificate inspections and always have a lease.