Legal Question in Real Estate Law in New York

Landlord & Tenant

I owned a 3-family house in Brooklyn, NY and I have rented one of the apartment in April 2002. Recently I requested my tenant to move out and she declined to do so. She asked me to compensated her a couple of months of rent or else she would stop paying rent from now on.

Is that true that I don't have to go thru any legal process to have the tenant move out if she rents my apartment for less than 6 months?

What do I need to do to get her out of my house?

Thank you


Asked on 10/21/02, 12:28 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Landlord & Tenant

Q. Is that true that I don't have to go thru any legal process to have the tenant move out if she rents my apartment for less than 6 months?

A. No. You still must start a summary proceeding after the tenant takes possession of the property.

Q. What do I need to do to get her out of my house?

A. You must commence a summary proceeding pursuant to the NY RPAPL. You must obtain a Judgment of Possession and Warrant of Eviction. The Warrant must be executed by the City Marshal who will actually evict the tenant.

Mike.

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Answered on 10/21/02, 12:46 pm
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Landlord & Tenant

You need to go to Housing Court in Brooklyn. Go to the Clerk and ask for directions on bringing a "Non-Payment" case against the tenant or a "Holdover" case if she is staying beyond 30 days of notice to leave without paying. If you have no lease with the tenant she is a month-to-month tenant by law. You must give her in writing (save a copy) a 30-day notice to leave. If she refuses to pay or leave in 30 days - go to court. If you need help call my office at (718) 935-9079.

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Answered on 10/21/02, 8:51 pm


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