Legal Question in Landlord & Tenant Law in New York

My tenant (NYC) hasn't paid rent in over three months. They have also been out of the country for over two of those months according to other tenants' knowledge although I was never informed of this verbally or in writing. What I would like to know is would it be easier to evict the tenant for nonpayment of rent or is there a procedure for abandonment of premises by a tenant in New York that would be simpler after such a long absence? What is the procedure for abandoned premises by a tenant in New York even if I decide to go with the eviction for nonpayment of rent?


Asked on 11/22/09, 4:22 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

You should evict the tenant for nonpayment of rent. It is much, much easier. Concerning abandonment, unless you have the keys there is a presumption that the tenant did not abandon the premises. If you need help let me know. I charge a flat fee.

Mike.

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Answered on 11/27/09, 4:45 pm
Steven Czik CZIK LAW PLLC

Nonpayment is probably the way to go. We have substantial experience handling these types of cases, 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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Answered on 11/30/09, 6:40 pm


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