Legal Question in Landlord & Tenant Law in New York
My dad rented the second floor of our house to a tenant who is five months behind on paying rent. We want to evict him. He doesn't have a job and he has two young kids. I don't want the kids homeless but we cannot let this family live for free.
We have also rented out our basement apartment but they are illegal in NYC. If we do go to court, we may risk losing our basement tenants who pay rent on time. Is there anyway where we can evict the second floor tenants without going to court?
3 Answers from Attorneys
Q. Is there anyway where we can evict the second floor tenants without going to court?
A. No.
Mike.
You can not evict without going to court.
If you are able, offer to pay him to leave.
Will be cheaper in the long run.
You cannot evict without starting Court proceeding, and I am not sure why you believe that you will lose your basement tenants, unless they are family of the others. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. We have handled many such cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation. We have substantial experience handling these types of cases, 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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