Legal Question in Real Estate Law in New York

Re: Eviction procedures

Since there is no lease, the tenant is a month-to-month tenant. A 30 day notice must be served. However, you must be careful.

Most Courts have held that the 30 day must be a calendar month 30 day. That means if you wanted to evict the tenant, the 30 day notice must be served before December 31, 2000, with a deadline of January 31, 2001. You would have the right to start your summary proceeding (eviction) on February 1, 2001.

In NYC, the notice must be served in the same manner as a summons. That means you should use a process server.

If the tenant is still in the apartment on February 1, 2001, you have the right to commence a holdover proceeding to seek a judgment of possession and a warrant of eviction. This must be commenced in court.

Mike.

Re: Eviction procedures

Since there is no lease the tenant is a "month to month" tenancy, and a 30 day notice to quit initiates the removal process, which is quite complex. If the tenant does not vacate then a notice of petition and petition to remove must be served and filed with the court, which then is petitioned to issue a judgment for unpaid rent and a warrant of eviction which is served by the sheriff or city marshal.