Legal Question in Landlord & Tenant Law in New York

I am a landlord in NYC. On March 1 st I requested via written letter than my tenant vacate my property by March 31st. They have yet to move and would like to start a legal proceedings. Legal aide had advised that the tenant must be served notice Blumberg B307/X210/X211. Then proceed with a petition in court to have a judge decide when they should move. I would like some clarification.


Asked on 4/09/15, 8:15 am

1 Answer from Attorneys
kevin connolly Kevin J. Connolly

Some more info is needed. Did your tenant have a written lease? Did they hold over after expiration? Did you thereafter accept rent? In that case, you must give the tenant a full month's notice to quit and it must be served in the same manner as a summons. Full month means that if you give notice now, it would "speak" as of May 1 and the eviction proceeding could be filed June 1, expect a hearing around June 15. Tenant gets a "free" adjournment and you could force a "resolution" in late June.

Another scenario: the tenant never had a lease, just an oral agreement setting rent. In that case, the tenant has an "indeterminate" tenancy which means in effect that there is a lease expiring October 1. See Real Property Law Section 232.

If tenant does not pay the agreed rent then you have a nonpayment case. Tenant gets served with a Three Day Notice to Pay the Rent or Quit the Premises, then you can file the eviction proceeding.

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Answered on 4/10/15, 6:20 am


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