Legal Question in Landlord & Tenant Law in New York

If I'm the primary leaser, for an apartment with only my name on the lease and have another person in the apartment without a lease agreement. How do I kick the person out becasue of late payment of rent and also owes back payment of rent.

Asked on 1/05/10, 2:23 pm

1 Answer from Attorneys

You can start a petition to evict him, because you are the overtenant (having leased the demised premises from a landlord) and he is the undertenant, so you can get him out through giving him a notice that his lease is terminated. That notice must be a 30 day notice; thereafter, you can start a petition to evict him (through a holdover, not a nonpayment action). You can do this on your own without a lawyer, and check websites showing landlords outside NYC how to evict tenants. But if you are confused that you are not the landlord, you status as the overtenant is sufficient to have him evicted.

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Answered on 1/10/10, 7:29 pm


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