Legal Question in Landlord & Tenant Law in New York
Selling Cigarretts from apt
I have a tenant in my house (ten family- so rent stabalized) that is selling cigarrets from the apartment (the ones you buy on indian reservations or the duty free shops.)
she obvioluly is nbot licensed to sell tobacco, plus it makes heavy traffic in the building.
she was arrested by the police for selling cigs to a cop...
is that a valid reason for eviction? I know drugs are, how about tobacco?
is she entitled to a notice to cure on such a thing?
2 Answers from Attorneys
Re: Selling Cigarretts from apt
That is a valid ground for eviction. Notice is required but the procedure is very precise and any error will invalidate the petition.. You can call me for consultation at 212 683 8677
Re: Selling Cigarretts from apt
Yes.If the tenant is using the premises (apartment) for an illegal purpose, that is a violation of the lease and you have a right to terminate the lease and evict the tenant.
You can do this with either a 10 day notice to quit (leave) or 30 day.
There is no opportunity to 'cure' under these facts.
If you hire an attorney, ask about the 'service of process' fees as well as the attorney fees. I include that in my own fee so that what I quote you is the total fee.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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