Legal Question in Landlord & Tenant Law in New York
non renewal of lease
I have rented an apt in my home in Central Islip NY to a married couple with two young kids (5-8). They were shown the apt by a rental agent and were interviewed by myself and seemed ok i was a bit uneasy but i needed the money. So they moved in from a shelter on 10-25-07. I had them sign a month to month lease but neglected to state that there should be no illegal substances in or near the premises. i have smelled them smoking joints in the apt and witnessed the same in the back yard, in addition during the initial interview the husband neglected to inform me that he was just released from prison for ATT CRIM SALE CONTR SUBSTANCE 3RD class C. As if that wasn't enough while away visiting family my spouse called me very upset and told me that ''he beat his wife so bad in the apt. that she ran to our door begging for respit and mild medical attention in the form of ice packs and band aids'' this took place around 4am 11-14-07. A few days before the alleged incident of domestic violence i notified the couple that they were on ''thin ice'' and that our home was to remain drug and violence free. After the aformentioned incident a 30 day noticed was presented 2 them but they refused to sign the paper. What is the next course of action?
2 Answers from Attorneys
Re: non renewal of lease
They do not have to sign it.
The next step, after 30 days, is to service a notice of petition (with a petition) for eviction and file it with the court.
Eviction procedures are very strict so I would advise you hire an attorney otherwise you may waste a lot of time if your petition gets dismissed on procedural grounds, etc.
Re: non renewal of lease
It depends how the notice was served and if it was proper under NYS guidelines. NY has very strict and specific procedural guidelines for these notices and the petitions for eviction that follow. As such, it is highly reccomended that you hire an attorney to ensure that all regulations are followed accordingly. One tiny mistake and the whole procedure must be started over. This area of law is our specialty and we do have reasonable rates, 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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