Legal Question in Landlord & Tenant Law in New York

Re: lease termination

You need to sue the tenant in a holdover proceeding. It can get tricky if the tenant has kids or other circumstances that would give her more time to move out.

Re: lease termination

In effect your tenant currently has a month-to-month lease. You need to give the tenant written notice of termination with at least 30 days prior notice and you cannot collect further rent, as each time you collect rent you create a new month term for your leasehold.

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Re: lease termination

I concur with the comments of the other attorneys. To summarize, you must give "statutory notice" to the tenant. If the tenant thereafter fails to vacate the property, you may then initiate an eviction proceeding.

Re: lease termination

Depending on the type of notice you served on the tenant, you may still be required to serve a proper 30 Day Notice to Vacate. You are dealing with a monthly tenancy and there are specific statutes that must be followed for a proper eviction if tenant refuses to leave. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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