Legal Question in Real Estate Law in New York

tenants broke the lease

My tenants broke their lease. They refused to pay their last month's rent and want to apply the security deposit. They have been good tenants in the past. They pay their rent on time and kept the apartment in good condition. What can I do to be able to collect that 1 month rent? What are my legal rights? Can I sue them? How much will it cost me? Can I evict them?


Asked on 5/15/02, 1:10 am

2 Answers from Attorneys
Hayim Grant Grant & Dwyer, LLP

Re: tenants broke the lease

It depends on whether your tenant's security covers the last month's rent and all other outstanding charges, and they will vacate the premises on a timely basis. If so, then you should apply the security. If there are other charges or they plan on holding over, you have several options including suing. It doesn't make sense to start an eviction proceeding if the tenant plans to move out at the end of the month.

Good Luck

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Answered on 5/15/02, 9:29 am
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: tenants broke the lease

You may want to consider starting a non-pay simply because it is a quicker path to Court.

1) security is not rent

2) you may be able to hold tenants liable for the entire lease term

3)you can proceed on a 3-5 day (or oral) notice and 5-14 day petition service IF you serve before the tenants vacate.

The down side is that Kings County is very pro-tenant and you may be pressured to take a settlement.

I am often before the Kings courts and will be happy to discuss further, call me at 516-780-0270.

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Answered on 5/15/02, 5:07 pm


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