Legal Question in Real Estate Law in New York

Re: illegal tenant eviction

Unless your jurisdiction has adopted a statute or ordinance, illegal units are treated as a building code problem, not an L&T issue except perhaps to valuing use and occupancy. New York City and other municipalities have specific bans on conbvential L&T proceedings where an illegal use is present in the building. The alternantive is an action for "ejectment." This involves a termination notice followed by a summons and complaint with up to 30 days for the occupant to respond. In NYC, you cannot seek rent for the unit but are not obligated to return any money paid. Ejectment is not an expedited procedure like conventional L&T, it can involve motions, discovery and multiple court appearances. It would be unrealistic to expect results in under 90 days. If you want additional info, e-mail or call me at 516-780-0270.

Re: illegal tenant eviction

Certain questions must first be answered to define "illegal tenant." Did the tenant occupy the premises without permission, i.e. a "squatter"? If so a 10 day notice must be served and then if the tenant remains a Petition to Remove and a Notice of Petition must be served on the tenant and filed with the Court requiring the tenant to vacate the premises and asking the Court to issue a Warrant of Eviction if the tenant does not. If on the other hand the tenant is a holdover tenant without a lease, a 30 day notice is required and then a Petition and Notice of Petition. If there is a lease then a 3 day notice and Petition and Notice of Petition to remove. The process is complex and has time limits and service requirements. Depending on the location and amount of work, the attorney's fee should not exceed $500. plus Court costs.