Legal Question in Real Estate Law in New York

I currently leave in a two family home with tenants in one unit. Last May 2009 their lease expired and they have avoided me from signing the new lease with a posted date. Do I have any legal power to get them out without notice? What legal powers, if any, do they have over me?


Asked on 8/13/09, 12:45 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. Do I have any legal power to get them out without notice?

A. No. They are holdover tenant and require 30 notice pursuant to law.

Mike.

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Answered on 8/19/09, 8:24 am
Steven Czik CZIK LAW PLLC

Mr. Markowitz is correct, and regardless of the circumstances, no tenant in NY may be evicted without a Court Ordered Warrant of Evcition. In order to obtain that you must serve them with a 30 Day Notice as they have become month to month tenants and then you must institute summary proceedings to have them properly evicted.

We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Gordon

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The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 8/21/09, 1:50 pm


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