Legal Question in Landlord & Tenant Law in New York

Re: tenant problems

You need to have her evicted through the court system. 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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Re: tenant problems

You should get her out by legal means. You need to contact an attorney and have him/her do either a non-payment petition or a petition to get the tenant to leave the premises based on overstaying the terms of a month to month lease. Everything has to be done by the books and under no circumstances should you resort to self help evictions. If you are in the NY Metro area contact my office. I can help you and my fees are reasonable.

Re: tenant problems

You don't need to have a reason (such as a family member in need of the apartment) to evict the tenant. You can bring a holdover action to evict her. Contact me if you want to discuss this further

Re: tenant problems

You don't need to have a reason (such as a family member in need of the apartment) to evict the tenant. You can bring a holdover action to evict her. Contact me if you want to discuss this further

Re: tenant problems

You don't need to have a reason (such as a family member in need of the apartment) to evict the tenant. You can bring a holdover action to evict her. Contact me if you want to discuss this further

Re: tenant problems

I read Mr. Kessler's response.

You cannot have a nonpayment petition with an illegal rental since a Court will not enforce an illegal agreement. A nonpayment proceeding is an eviction based on the nonpayment of rent.

You would have to serve a 30 day notice to the Tenant terminating the tenancy and requesting him (or her) to vacate the apartment. Thereafter, you would file a petition for a holdover eviction. This means that the tenant remained after the termination of the lease.

Legally, you are not entitled to - and would not receive from the court - any rent (back or otherwise) because the tenancy is illegal.

Mike.