Legal Question in Real Estate Law in New York

Lease is up, tenant won't move out!

I own a property in NY that I lease. 45 days prior to the lease expiring I wrote the tenant and told them I would not be renewing the lease and I would be taking possesion of the property. When i arrived to take possesion they refused to move out and have not paid rent fo 2 months. Other than evicting, what legal remedy do I have? Thanks


Asked on 10/23/00, 10:13 am

2 Answers from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Lease is up, tenant won't move out!

I'm not sure what you have in mind "other than evicting." You could sue for use and occupancy/unpaid rent but that doesn't get the tenant to move. IF you haven't collected rent since the lease expiration, you can bring a petition to remove the tenant AND seek use and occupancy $$ for the holdover period. If you work out something that allows an extension of the occupancy, it can be entered at Court and the new vacate date would be enforecable by swift eviction. If you have further questions, I can be reached at 516-780-0270.

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Answered on 11/15/00, 8:02 am
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Lease is up, tenant won't move out!

This is a question that is better answered by a NY real estate attorney.

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Answered on 11/15/00, 9:18 am


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