Legal Question in Landlord & Tenant Law in New York

Maybe. However, you have the right to evict upon tenant's default under the lease.

Mike.

If the facts are as you state the answer should be yes. If so it is highly advisable to retain the services of an experienced lawyer. New York State has many specific regulations with the types of notices that tenants must be served with. 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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