Legal Question in Real Estate Law in New York

Re: eviction of non-lease tenant

It may take many months and be expensive. This is the sellers obligation. I wouldn't buy.

Re: eviction of non-lease tenant

This is ordinarily the seller's responsibility. However, since it is multi-family home and the unit you want to occupy, your assistance is required based on the following: 1. There are other units subject to leases. You are presumably buying with this knowledge. 2. The current owner could give 30-days notice to vacate and then sue for possession. 3. In many instances, even with month-to-month leases, the tenant can claim hardship and ask the court for relief (additional time to find a replacement residence). This is particularly so where the premises may be subjet to rent control. 4. One good way to terminate the lease is where the buyer is purchasing for personal use. This reduces the possible hardship claim as you will need a place to live.

I suggest hiring a good real estate/tenancy attorney to review the contract of sale and assist you in getting the tenant out. Understand that with a hardship claim, it could be several months before you could occupy the apartment.