Legal Question in Landlord & Tenant Law in New York
Month to Month tenancy
I have a troublesome tenant who's lease
expired in March. I recently returned the
NYCHA notice that I will not be
renewing the lease. Additionally the
tenant is not paying their share of the
rent. I just want them out. What is the
first step. Should I proceed with the
fact that the lease has expired and what
legal forms should I send to them.
2 Answers from Attorneys
Re: Month to Month tenancy
Q. Should I proceed with the fact that the lease has expired and what legal forms should I send to them.
A. Yes, they are a holdover tenant. If you received rent since March, they are a month to month tenant. If a holdover, they must be served with a notice of petition and petition alleging that the term of the written lease expired and they have not vacated the premises.
If a month to month, they must be served (if in NYC) with a 30 day notice. The term of the lease must expire in 30 days )(so if served in August, term expires September 30). Thereafter, on October 1, must prepare a notice of petition and petition for holdover proceeding.
Mike.
Re: Month to Month tenancy
There are specific proceudres you MUST follow in order to properly evict a tenant which is why it is highly advisable to retain legal counsel to assist you in such matters. If the tenant is month to month you must serve them with a full terms notice to vacate and tehn a notice of petition & petition. 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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