Legal Question in Landlord & Tenant Law in New York
Eviction for Non-Payment
What does the law say about evicting a tenant for non-payment of 4 months if the person returns to said home? How much time, the state of New York, can it be justified for a landlord to evict his/her tenant due to non-payment?
1 Answer from Attorneys
Re: Eviction for Non-Payment
Depends on whether you had a lease agreement and the wording thereof.Assuming you do not have one, reasonable time to pay rent would be by the 5th of every month. (Depends on tenant, pattern of payment, etc.) You would need to give a "3 day notice" to pay or quit. After that, you can start court eviction. Be careful no to accept partial payments after you have begun eviction or you will waive your right to evict and have to start process all over.
Not sure what you mean "if the person returns to said home". If tenant did not pay rent and vacated,then came back, tenant had abandoned the property and is trespassing. (However, you may have waived this right as well if you have allowed him to remain). If tenant is in arrears 4 months, chances are he can not/will not pay you. You must start eviction ASAP and gain control of your property. Sounds like you need someone to manage this property for you.
Debra Palazzo 914 961-7800
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