Legal Question in Real Estate Law in New York

Re: Procedure for eviction

I believe that you would not need a 30 day notice since a landlord-tenant relationship never existed.

Pursuant to NY RPAPL section 713 (3), there is no landlord-tenant relationship when the person "has intruded into or squatted upon the property without the permission of the person entitled to possession and the occupancy has continued without permission or permission has been revoked and notice of the revocation given to the person to be removed."

Be careful, there is no three (3) day notice. Pursuant to section 713, "A special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735...."

Pursuant to section 735, "Service of the notice of petition and petition shall be made by personally delivering them to the respondent; or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail ...."

Mike.