Legal Question in Landlord & Tenant Law in New York
Tenant was asked to move
I told my tenant she has to move because my dad is very ill and he needs her apt - he cannot live alone anymore. Gave her 2-1/2 mo. notice. I have a 2 family house. She said she doesnt believe me and will take her time looking. Dad is in a subacute facility for rehab to make him ambulatory, even if its just to be able to walk around a little in his apt with the help of a walker.He could be released soon depending on his progress. If I start eviction proceedings after 9/16 (the date she has to be gone) how much time will the court give her - 3 to 6 months more? We cannot wait that long. He also gets dialysis treatment in the hospital twice a week so this is serious. I work full time. Even with a nurse during the day, he needs someone at night therefore, he has to be in the apartment upstairs so we could be there for him. He lives in Bklyn and I live in Queens so we are not close by. He is 91, legally blind and hearing impaired. She also refused to pay me August rent stating that I should use her security and if she doesnt get an apt, she will pay Sept. rent. She does not have a lease. HELP!
1 Answer from Attorneys
Re: Tenant was asked to move
There are very strict provisions to follow in evicting a tenat such as you describe. In order to have the eviction processed as quickly as possible those provitions, especially those regarding the notices required must be followed very very carefully or could result in delays or even dismissal of your action. A special application to the court for expedited proceedings may be made as well. As such, if they do not seem to be leaving voluntarily, it would be highly advisable to retain an attorney to ensure that the proceedings go smoothly and a warrant of eviction is obtained as quickly as possible. This area of law is our specialty, 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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