Legal Question in Real Estate Law in New York

Re: Tenants who won't leave

Since the lease has expired, the tenant is a holdover and since you do not wish to renew the lease you issue a 30 day notice to quit the premises, warning that if they do not do so, you will file eviction petition with the housing court. I suggest that you retain an attorney because the law is complicated, and there are many pitfalls which if not followed to the letter, such as verification and affidavits of service, will result in the petition being vacated.

Re: Tenants who won't leave

Since you informed the tenants that the lease will not be renewed, their continued occupancy is as holdover tenenats - on a month-to-month basis. You must give them 30 days notice to vacate (as of the first of the month, so if you give it now, it would be effective as of September 1) and also tell them in the notice that if they do not vacate you will bring a suit in court to eveict them. If they continue to resist moving, you must start an eviction suit. Since you are moving them to personally occupy their apartment, eviction should not be difficult, but you should use a local attorney familiar with landlord-tenant matters.

Walter