Legal Question in Landlord & Tenant Law in New York
no lease agreement
does the owner of a residential property have the right to have people removed from that property instantly or does the owner have to take them to court
3 Answers from Attorneys
Re: no lease agreement
Depends on whether they are trespassers (instantly-police) or tenants (notice-court) or licensees who had permission now termnated(notice-court). Pls provide further info.
Re: no lease agreement
Generally if you're renting an apartment and have no lease it will be implied that you havea month to month lease, however in some instances if you did have a lease before and did not resign the lease it might be held that the lease extended as it was for another term of the same amount of time the original lease was for, usually however you become a month to month tenant. Regardless, so long as you are legally there in the apartment, and not just someone who decided to show up one day and move your stuff in without permission, then in order to evice there generally MUST be a court order for eviction.
Please feel free to contact me regarding this, or any other, matter.
Carlos Gonzalez, Esq.
phone: 7185419077
Re: no lease agreement
In most circumstances a court order would be necessary.
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