Legal Question in Landlord & Tenant Law in New York
Hello, we recently purchased a 2 family house, signed the papers the last week of December 2012. The previous owner did not live at the address, he was renting out both apartments. He sent a letter to both tenants at the end of October 2012 informing them that he was planning on selling and that they will have to move. The 1st floor tenants move out at the end of the year, however, the 2nd floor tenants are still there and refuse to move until they have found "suitable housing in their price range." We tried to compromise and told them they could stay until 2/10/13, but they refused to agree to a move out date until they found a new apartment. They have not paid any rent for Nov. and Dec. 2012 to the previous landlord, and they told us flat out that they will not be paying us, the new landlords, any rent for Jan. 2013 or for the foreseeable future. Now they're calling and complaining about the heat. We have set the thermostat for 70 degrees, but they say their apartment is around 63 degrees according to their thermometer. We pay for the heat, it's not included in the rent (which they have not paid). Do we have to turn up the heat for them? Do we have to provide heat at all? The first floor apt is empty, so it's just them in the building. Also want to mention that they did not have a written lease with the previous owner, nor do they have one, written or verbal, with us. We want them out so that we can start renovations on the building. At the end of January, it would be 90 days since they knew that they had to move. They said it's not enough time, I think it's plenty of notification, but I'm not sure. I feel like they are just taking advantage of us and trying to live there rent free for as long as they can. Please help! Thanks!
2 Answers from Attorneys
Give me a call to discuss.
516-314-1343
If the facts are as you describe then they are month to month tenants and if they do not vacate the premises voluntarily, you will have to file summary proceedings in Housing Court to have them evicted and will need to serve them with a preliminary notice terminating their tenancy in writing. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. A small mistake can set you back months in the process. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
CZIK LAW PLLC
401 Greenwich Street
New York, New York 10013
212.413.4462
The information provided by Czik Law PLLC (CLP) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. CLP is not taking and will not take any action on your behalf and will not be considered your attorney until both you and CLP have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain CLP on terms acceptable to CLP, you are advised to immediately seek the services of another attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
