Legal Question in Landlord & Tenant Law in New York

Tenant eviction

I gave my month-to-month tenant a 30 days notice because of his inability to meet rent payments from the beginning of his tenancy. We went through the legal process to evict him and entered into a stipulation that he must move out by end of February from the premise. In the meanwhile, I want to show the rental unit to future prospects. However, the tenant has a pile of boxes in the middle of the kitchen, along with retained garbage. Do I have any legal right to demand from him to make the place presentable? Also, can I ask him to be absent while I show the place? And, lastly, would he refuse to abide by my requests and his actions delay the rental of the apartment, can I suie him for the loss of rental income?


Asked on 2/17/09, 11:26 am

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

Re: Tenant eviction

Q. Do I have any legal right to demand from him to make the place presentable?

A. Both the tenant and you must abide under the lease and stipulation of settlement. If there is no provision in either document about making the place presentable, then you would have no legal right.

Q. Also, can I ask him to be absent while I show the place?

A. Again, as with my last answer, if there is no provision in either document about the tenant being absent when you show the apartment, you would have no legal right.

Q. And, lastly, would he refuse to abide by my requests and his actions delay the rental of the apartment, can I suie him for the loss of rental income?

A. If he violates the stipulation and prior lease agreements, you may have a cause of action for loss of rental income.

Mike.

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Answered on 2/17/09, 11:53 am


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