Legal Question in Landlord & Tenant Law in New York

Inheriting House - Tenant Not Paying Rent - Need to Evict

My two cousins, my sister and I all live in NJ. Our Aunt passed away in February and has left her house in Brooklyn to the four nieces. There is a tenant upstairs who has not paid rent since January when she went in to the hospital.

I don't know whether or not he has a lease. What steps do we need to take to have him evicted. We need to clean out the house and have some major repairs made in order to sell the home.

Any advice would be greatly appreciated.

Thank you,

Pat


Asked on 4/17/04, 10:02 pm

3 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Inheriting House - Tenant Not Paying Rent - Need to Evict

You need to serve a "3 day notice to quit". Which means, either pay ALL you owe or vacate. If he doesn't pay/vacate, then you need to file a petition for eviction. Since you are in NJ, you will prob need a NY atty to assist. Please contact me for further information/help (Email is OK). Note that the procedural rules concerning eviction must be strictly adhered to. If you make an error, the court will dismiss and you will have to start all over.

Debra

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Answered on 4/18/04, 11:36 am
richard feldman richard d. feldman

Re: Inheriting House - Tenant Not Paying Rent - Need to Evict

if there is a lease you have to start a non payment proceeding if not a hold over you should have an attorney you can call me at 212 683 8677

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Answered on 4/18/04, 11:39 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Inheriting House - Tenant Not Paying Rent - Need to Evict

Pat:

Also, my office is available to represent you in the sale of the home when you are ready.

Debra

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Answered on 4/18/04, 11:40 am


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