Legal Question in Landlord & Tenant Law in New York
My non-payment case was dismissed as I had not enough evidence that I had verbal month to month rent agreement. I served 10 day notice to my ex boyfriend which he didn�t get because he left the apartment. He took only some his stuff with him. He was trying to sue me for unlawful eviction to get money from me but the case was dismissed on technicality. He may try it again. I didn�t evict him. What are my options as he is not living in my apartment for more than a month? Does he have rights now as license and what I need to do to get him leave for sure with all his stuff?
Thank you in advance for your help!
1 Answer from Attorneys
You would have to serve him a 30 day notice, as a holdover tenant, terminating the lease. The 30 days must be a calendar month. In other words, the the lease will terminate on January 31, 2010 - assuming the notice is served anytime before December 31, 2009. During the 30 day period, you must not accept rent.
If the ex-boyfriend is still in the apartment on February 1, 2010, you would commence a holdover eviction. This is different than a nonpayment eviction since payment of rent has nothing to do with the eviction.
Mike
Related Questions & Answers
-
I live in an apartment complex in the city and recently was a victim of home... Asked 12/09/09, 11:00 pm in United States New York Landlord & Tenants
-
I have found out that I have rented an illegal apartment. The " landlord"... Asked 12/09/09, 3:59 pm in United States New York Landlord & Tenants
-
I am wondering if i have rights as a tenant to with hold rent from my landlord... Asked 12/09/09, 1:35 pm in United States New York Landlord & Tenants
-
I have only had access to water in my bathroom, none in the kitchen due to pipe... Asked 12/04/09, 11:45 am in United States New York Landlord & Tenants
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
