Legal Question in Landlord & Tenant Law in New York

Re: To evict with nonpayment or holdover?

With either action you can demand the rent money owed. The length of time the case takes can vary based on how the tenant chooses to deal with it. 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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Re: To evict with nonpayment or holdover?

I would wait for the lease to expire and commence a holdover petition. In the petition you may demand November and December rent, together with use and occupancy.

Make sure not to take January rent, which would cause the tenant to be a month to month tenant.

How long for an eviction? It depends on the jurisdiction.

I know of no law that allows a tenant to not pay rent for 6 months before actual eviction.

Mike.