non payment of rent

i own a house in new york city
it is a legal 2 family house
one of the tennents has not paid rent in almost 4 mnt. i have tried to call him and get no answer i left a note on his door to pay the rent or locks would be changed but i have not yet done so. i still have not heard back from him
i used my key to enter and his belongs are still there how ever he was not home
the other tennent said they have not seen him for some time
when do i have the right to change the locks and clean it out so i can rent it
his lease expired in oct and he was there mnt to mnt he has not paid for nov dec or jan and i have not been able to reach him
thanks for your help

[mazBut]

you have to obtain a court order to open up the house doors.

you must file a suit against your tenant for eviction and re-entry due to h is abandonment of the place. A notice have to be served on him first. If he responds positively and pays your rental dues and promises to behave in future the matter could be settled amicably.

However, your tenant has already committed default in paying rent and has good grounds to be evicted through due process of law. You should not try to break into the house as that would amount to taking law into your own hands.

"you have to obtain a court order to open up the house doors."

I don't know where the poster got that idea from. You merely have to post a 24 hour notice that states you are going to enter the house at xx/xx date and xx:xx time. You don't need a court order to go into your own house. Now the tenant can bar you from entering if he wants, but that would be hard to do since he is not there. Do not change the locks.

Check for a NYC ordinance on abandonment. Many metropolitan cities have these on adandonment. If none is found, serve a 3 day Pay or Quit ntoice on him, and file for eviction once it expires. Once you get the exiction, scheduoe a set out with the sheriff or clerk of court. They will remove him belongings. Once that is done, you can change the locks and give the remaining tenant a new key, then re-rent his room.

[mazBut]

Originally Posted by Unregistered "you have to obtain a court order to open up the house doors." I don't know where the poster got that idea from. You merely have to post a 24 hour notice that states you are going to enter the house at xx/xx date and xx:xx time. You don't need a court order to go into your own house. Now the tenant can bar you from entering if he wants, but that would be hard to do since he is not there. Do not change the locks. Check for a NYC ordinance on abandonment. Many metropolitan cities have these on adandonment. If none is found, serve a 3 day Pay or Quit ntoice on him, and file for eviction once it expires. Once you get the exiction, scheduoe a set out with the sheriff or clerk of court. They will remove him belongings. Once that is done, you can change the locks and give the remaining tenant a new key, then re-rent his room.

<<<<<<<<<<<Once you get the exiction, scheduoe a set out with the sheriff or clerk of court. They will remove him belongings. <<<<<<<<<<<<<<<

well, I meant this,,,,assistance of the court or sheriff or an authority whatever