Legal Question in Landlord & Tenant Law in New York
lease help2
hello,
I own a two family home. I rented the first flr and issued the tenants a leased for one year. I left them the leased so that they can review it. i had an emergency and had to leave the ny state. i recently came back and re-issued them with a copy of the lease to be sign. They do not want to agree and refuse to sign the lease. Can a tell them to move out? and if i tell them to move out, can they live in the apartmnet free for a couple of months, since i am telling them to leave? they being living there for 3 months.
3 Answers from Attorneys
Re: lease help2
Most likely, if they do not leave voluntarily, you will be required to institute summary proceedings for eviction. This area of law is our specialty, 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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Re: lease help2
If they did not sign a lease and you accepted rent, they are month to month tenants. In other words, they may be evicted upon 30 day notice. Furthermore, you would be able to get a judgment for use and occupancy while they were in the apartment.
Mike.
Re: lease help2
Once they establish residency (by living there 1 day with the intent to stay) you are screwed. You can evict them, but it will take time.
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