Legal Question in Real Estate Law in New York
i am in the process of evicting my tenant.
he signed a stipulation in court that he would vacate the house on 8/20 but never did.
are there any charges i can bring against him?
there are also 2 kids over 18 years old in the house. they were not on the original lease. can i also sue them for loss of rent since they are all still in the house?
1 Answer from Attorneys
Q. are there any charges i can bring against him?
A. Criminal charges? No. You would have to have the Court issue a Warrant of Eviction. The Warrant would be delivered to the Sheriff - or if you are in a city to the Marshal. Either the Sheriff or Marshal would execute on the warrant and conduct the actual eviction.
Q. there are also 2 kids over 18 years old in the house. they were not on the original lease. can i also sue them for loss of rent since they are all still in the house?
A. If they are over 18, you should be able to commence an action for use and occupancy. However, you would not be able to obtain an amount of rent greater than that charged to your tenant.
Mike.
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