Legal Question in Landlord & Tenant Law in New York

Re: Landlord rights?

Unfortunately, according to New York law, what you are proposing to do is strictly prohibited, you cannot under any circumstance use "self help" to evict any tenant that does not vacate the premises of their own free will. If your tenant does not vacate voluntairly, you generally must initiate a summary proceeding in housing court for possession of the apartment, �..this area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Additionally, we also specialize in real estate closings if you have not yet retained an attorney foe those services, we could handle both matters for you and would certainly apply a discount.

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Re: Landlord rights?

I am going to disagree with my colleagues. If your tenant announces to you that he/she will be out on a certain date, then you can assume that the premises are abandoned on that date and that any property left behind is abandoned and you may dispose of it as you please.

There is more than one way to analyze this case and reasonable people can disagree. If the tenant stops paying rent and refuses to leave, then you need a court order to evict. On the other hand, if the tenant declines to pay the last month's rent before leaving, then you can assume he/she has left after that date.

Its all in what the actual facts of the case are.

Re: Landlord rights?

No.