Legal Question in Landlord & Tenant Law in New York
I rented an illegal basement, NYC Bldg gave me a summons. The tenant agreed to have me fix the violation and leave. I fix the violation but the tenant is still living there. I had a 30 day notice for them to leave. I need help at this point. What can I do to get them out?
3 Answers from Attorneys
We have substantial experience handling these types of cases, 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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Assuming that you did everything correctly (ex. serve the 30 day notice), your next step is to file and serve a Notice of Petition and Petition.
The Notice of Petition sets forth the court date. The Petition sets forth the reasons why the Court should award a judgment of possession and warrant of eviction.
If you need help with the eviction, feel free to telephone.
Mike.
If you served the 30 day notice, do not take any additional rent from them.
If you have taken the rent (after the 30 day notice) serve them a new 30 day notice and do not take the rent. On day 31, serve them with eviction.