Legal Question in Real Estate Law in New York

Eviction of tenant

Tenant in 2nd floor apt. in house which landlord resides does not pay rent on time. At present is 1 1/2 months behind and no solution in site . 2 sisters with husbands share apt. 1 baby, 1 sister pregnant. No lease. How can I evict them? Can I just give them a letter giving them 4 months to leave?


Asked on 3/25/00, 9:27 pm

2 Answers from Attorneys
Donald Mapp Law Office of Donald Mapp

Re: Eviction of tenant

The threshold question is there a signed lease between you and your tenant? If there is, then you can bring a non payment action to evict them.Here you must serve a 3 day notice to evict on your tenant. If there is no lease, you can initiate a holdover proceeding. Here you must serve the tenant with a 30 day notice. If you would like to know how you can go about starting this process, or if you would like more information, feel free to call me.

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Answered on 3/29/00, 12:30 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Eviction of tenant

Letter itself is probably not sufficient. Give them a written Notice To Quit, for late and non-payment, with 30 days to cure arrearages and currently due rent. If they have not replied, you will probably have to intitiate formal Court eviction proceedings in the local Tenancy Court.

Walter

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Answered on 3/29/00, 1:31 pm


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