Legal Question in Real Estate Law in New York
Eviction of Roomate of Deceased
Can a landlord evict a roomate of someone who recently died. The roomates's name is not on the lease and he is 65-75 years old and has lived in the apartment with the deceased for the past 15-20 years?
2 Answers from Attorneys
Re: Eviction of Roomate of Deceased
I don't think the landlord can evict this person. I don't know where this apartment is, but if it is in New York City, and rent controlled, the surviving roommate would have rights. You will have to check the laws of your locality.
Re: Eviction of Roomate of Deceased
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 May 31, 2001, with a deadline of June 30, 2001. You would have the right to start your summary proceeding (eviction) on July 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 July 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.
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