Legal Question in Real Estate Law in New York

evict a tenant,no a lease, for a relative to rent the apartment

What options does a landlord have to evict someone so that a relative can move into apartment. Tenant refuses to move even though 3 months notice was given.Not in writing Tenant refuses to move until she has a place to stay which could take a year to find. Can tenant do this? There is no lease. Can landlord raise rent while tenant refuses to move? Rent is below market value at the moment. Can landlord notify 24 hours that she will paint the apartment for new tenant while tenant is still living there? Can landlord have a carpenter renovate while tenant is still there if given proper notice? Tenant is elderly and is waiting to go into a senior community.Does landlord have to wait until she gets in or does tenant have to find temporary housing?. Tenant was supposed to vacate May 1.She is still there. thank you


Asked on 5/02/98, 2:46 pm

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

eviction of tenant w/o lease

The procedure for the eviction of a tenant who has no lease [usually referred to as a "month-to-month tenancy"] is fairly straightforward. You should be able to obtain the necessary, pre-printed forms for such an action from your local town/village/city court. The forms should be accompanied by certain instructions w/regard to the particular steps which must be taken in a particular order. In sum & substance, you must arrange for formal service of a formal notice terminating the tenancy 30 days in advance and arrange for formal service of a petition for eviction. For the purpose of such a proceeding, it is of absolutely NO relevance that you seek to displace this aged person in order to have a relative of yours move in. It might be the better course of action to refrain from any of the other steps about which you ask & simply move ahead with the eviction, since one surmises that you don't want to make this matter more complicated (or unpleasant) than it needs to be.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 5/28/98, 3:02 am


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