Legal Question in Real Estate Law in New York

Re: Evicting a month to month tenant

Your purchase price should either reflect the potential litigation costs and lost income or, more commonly, a fixed amount of the seller's proceeds are set aside to pay for the eviction. Presuming an unwritten agreement, a one month notice is required to terminate the tenancy, followed by a Court proceeding on approx. 2 weeks notice. Adjournments and results vary, but the Court may grant up to six months from date of judgment and Should dirct payment of use and occupancy. Usuallly the Cour t will rely on the last agreed rent but you could prove that the property is worth more. While a non-payment action holds the appeal of arriving before the Court quicker (you could serve court papers after an oral demand), it is curable by payment and the Court will often extract a penalty for converting to a termination proceeding. THe seller could start either type of proceeding and assign to you at closing. Anything prior to issuance of a warrant (instructions for a Marshal to evict) can be assigned without Court intervention. To discuss this in more detail, I can be reached at 516-780-0270

Re: Evicting a month to month tenant

Your attorney suggested one alternative. I'm assuming there is no lease since if there was a lease in effect, you would have to wait until the term expired. If there is no lease, the tenancy is a monthly tenancy, which if terminated correctly, could vacate the apartment. You also might negotiate with Seller requiring him/her to begin the process once you sign the contract so that you save at least 2-3 months while you're in contract.