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


Asked on 4/13/06, 12:36 am

3 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

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.

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Answered on 4/13/06, 9:11 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

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

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Answered on 4/13/06, 12:39 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: no lease agreement

In most circumstances a court order would be necessary.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 4/17/06, 11:28 am


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