Legal Question in Landlord & Tenant Law in New York

Some more info is needed. Did your tenant have a written lease? Did they hold over after expiration? Did you thereafter accept rent? In that case, you must give the tenant a full month's notice to quit and it must be served in the same manner as a summons. Full month means that if you give notice now, it would "speak" as of May 1 and the eviction proceeding could be filed June 1, expect a hearing around June 15. Tenant gets a "free" adjournment and you could force a "resolution" in late June.

Another scenario: the tenant never had a lease, just an oral agreement setting rent. In that case, the tenant has an "indeterminate" tenancy which means in effect that there is a lease expiring October 1. See Real Property Law Section 232.

If tenant does not pay the agreed rent then you have a nonpayment case. Tenant gets served with a Three Day Notice to Pay the Rent or Quit the Premises, then you can file the eviction proceeding.