Legal Question in Landlord & Tenant Law in New York

I rent an apt in my private home with a month to month rental agreement and have asked the tenant to vacate due to damages in the rented apt. what is my next step if he has not vacated on the date requested. he has 10 days left on the rental agreement and has showed no signs of moving out


Asked on 9/24/09, 2:35 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

There is no such thing as "self-help". You would have to commence a landlord-tenant action and obtain a Judgment of Possession and Warrant of Eviction. You should contact an attorney for an eviction. Most attorneys (including myself) charge a flat fee for the work.

Also, if you take rent for the next month, the tenant would be deemed a holdover tenant and you would not be able to commence an action without a 30 day (month) notice.

Mike.

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Answered on 9/29/09, 3:08 pm


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