Legal Question in Landlord & Tenant Law in New York

If a tenant breaks a lease, telling the property owner that he/she and all of those residing in the rental property will be out at the end of the month(31days in this case), Can the property owner have the tenants removed or arrested for tresspassing if they stay on?


Asked on 1/31/10, 5:00 pm

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

Landlord would need to initiate summary proceedings for tenant's eviction. Even if they agree in writing to previously vacate by a certain day. If they don't you must still go to court to have them properly dispossessed. NYS statutes are very specific with how a tenant must recieve notice of a summary proceeing and how it must be filed. These procedural technicalities must be followed very carefully or can result in extensive delays and dismissal of your action. As such, it is highly advisable to retain an attorney to initiate such an action. This area of law is our specialty, and we do have very reasonable fees; 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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Answered on 2/11/10, 11:17 am


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