Legal Question in Landlord & Tenant Law in New York

tenant doing drugs

I have an apartment in my house. We live here with our 3 children. We signed a year lease with our tenant with an agreement that for whatever reason if either side wanted out we would just need to provide 30 days notice. Well tonight we could smell weed all in our house. My husband and I decided to confront them and without hesitation they said '' oh we are sorry we just smoked a joint''. I told them this is unacceptable. He apologized but said can we talk about it tomorrow (it was 11:30pm) We advertised no smoking (cigarettes) We plan on confronting them today and give them notice. I know we have to give them 30 days notice but is there any way due to the circumstance it can be sooner? How do we go about? And by the way shortly after we left them they definitely lit up again!And do they lose security or something. please respond asap.. it is a very touchy situation


Asked on 11/13/05, 2:13 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: tenant doing drugs

You arte correct. You don't have to tolerate this behavior.

You have a cause for eviction on the basis of a violation (breach of contract) of the lease or on nuisance. You must give a 'notice to cure' for nuisance and 30 day notice to terminate on breach of the lease.

If you wish to terminate on the basis of the 'out clause', then you must give 30 days notice from Novemebr 30, 2005.

This area of law is very technical. You are welcome to a consultation for no fee.

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Answered on 11/14/05, 4:17 pm


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