Legal Question in Landlord & Tenant Law in New York
Tenant Eviction law
I am a landlord of an apartment rented to tenants with a (1) year lease that states the number of occupants to be (2) parties. The tenant has without consent moved in 6 to 7 additional undesirable persons thus violating our agreement. Do I have legal grounds to sucessfully evict the tenant?
3 Answers from Attorneys
Re: Tenant Eviction law
You would have the right to start an eviction proceeding, but if the tenant's only violation of the lease agreement is allowing undesireable guests to move in your tenant would have a right to cure the deficiency and retain the lease.
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Re: Tenant Eviction law
Yes, you have a strong case for eviction or ejectment of these tenants. However, the tenant may 'cure' the violation by getting rid of the other persons and retaining the apt and lease. in addition, the tenant may defend on the basis that the others and the tenant together constitute a "family".
however, if they are 'undesirable' because of criminal activity, then they have no defense. An affidavit from another tenant will be sufficient evidence and 2 affidavits will win the case for you.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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Re: Tenant Eviction law
Based on the facts you have provided, it would seem that you do have a case for eviction based on a breach of the lease agreement�..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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