Legal Question in Real Estate Law in New York

Re: Non-lease Eviction

There is no single answer without more facts. Is the apt. rent-regulated?, Is it a legal unit?, Do the tenants receive assistance? Ultimately, an owner has a right to regain possession subject to certain protections and certain procedures. For a proper analysis of your rights, call me at 516-780-0270.

Re: Non-lease Eviction

You have not provided sufficient information to give you a complete reply. Is the apartment rent controlled? Do the tenants pay their rent timely each month (if not, you may have a basis), are they creating a nuisance (loud noises with complaints registered), is there illegal activity occurring in their apartment, etc? Since they are month-to-month tenants, and if the apartment is not rent controlled, raise their rent, on at least 30 days prior notice. Does someone in your family need an apartment - give them notice that a family member needs the place (again not less than 30 days).

Walter

Re: Non-lease Eviction

Assuming this is a straight deal (not a sub-tenant, no assignment, no involvment with social services, etc.) you must do the following:

An individual that rents an apartment without a lease is a month-to-month tenant. Under statute he or she must receive a thirty (30) day notice before eviction.

The thirty day notice is a "month" notice. In other words, if you want the tenant out as soon as possible, you would have to serve the notice before October 31, 2000, informing the tenant that his lease would expire on the last day of November, November 30, 2000. If the tenant remains on the property after November 30, 2000, you would have to commence a summary proceeding for eviction.

With regard to service of the notice, in NYC, notice must be served in the same manner as a notice of petition and petition. Everywhere else in New York, the notice may be mailed by both regular mail and certified mail, return receipt.

With regard to the summary proceeding, it is a bit more complicated.

Feel free to contact this firm if you want us to handle your eviction. Pending on the circumstance we offer a flat one time fee. You can contact us at 516-295-9061