Legal Question in Real Estate Law in New York

Evictions and Landlord Rights

In the city of NY what are the residential landlord's rights when it comes to evicting an undesirable tenant? They haven't paid rent in 4 months and now they just called the Department of Health on me. I want these people out of my house. Their lease is up in January. Do I wait for the lease to be up or do I start legal proceedings now?

Please help me.


Asked on 11/21/02, 11:29 am

1 Answer from Attorneys

Lisa Breier Urban Breier Deutschmeister Urban & Fromme

Re: Evictions and Landlord Rights

You can start a nonpayment proceeding immediately based upon the failure to pay rent. If payment is made, you have no obligation to renew the lease and you can start an eviction proceeding once the lease ends. Do not accept rent after the lease ends or you make the tenant a "month to month" tenant and will have to serve a 30 day notice to bring them into court. Please contact me if you want to start a case.

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Answered on 11/21/02, 3:34 pm


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