Legal Question in Landlord & Tenant Law in New York

I'm a landlord in upstate NY. The tenants recieved a pay rent or quit notice on sept 30th. They

have moved out but still have a lot of personal belongings in the house and yard. They have

informed me that they still are in the process of moving and intend to retrieve some more items,

(hopefully,the garbage too). Can i still proceed with a non-payment eviction proceeding, since they

are not finished with gaining access to house, though they are no longer staying there?

They owe me 6 months back rent and i forsee a large cleanup expense, so though i had hoped

to resolve this out of court ( i admit i'm naive) it seems i'm definitely being taken advantage of.


Asked on 10/30/11, 4:35 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Can i still proceed with a non-payment eviction proceeding, since they are not finished with gaining access to house, though they are no longer staying there?

A. Yes, and you should.

Mike.

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Answered on 10/31/11, 5:44 am


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