Legal Question in Landlord & Tenant Law in New York
Tenant not responding to renewal notices
My tenant's 1 year lease expires end of 1/04. Sent notices to tenant on 11/30 & 12/30, as well as several voice and email messages asking what he intends to do. Tenant has not responded. What are my options? Do I have to ''let'' him remain there? What rent can I bill him? Do I have to go to court?
Thank you.
2 Answers from Attorneys
Re: Tenant not responding to renewal notices
In order to evict any tenant that does not choose to vacate the premises voluntarily summary proceedings must be initiated in Housing Court. This does happen to be one of our specialties, 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 not responding to renewal notices
You are not required to let the tenant remain in the apartment. However if he doesn't want to leave voluntarily you must evict him in housing court. While your complaint can include outstanding rent and other damages (attorney fees, charges, etc). You cannot accept rent from the tenant and move for eviction at the same time.
If you so choose you can accept rent from the tenant but in so doing you are creating a month to month tenancy and must give a month's notice to evict and start from scratch.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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