Legal Question in Landlord & Tenant Law in New York

Tenant failed to pay security

If a family is living in a house and is

behind on rent am I obligated to do

any repairs. They have never paid

the required security that was due

upon move-in. I trusted them to do

so but they moved in when I was

away. I told them they have to leave

and want to give a 30 day notice.

Now there are ''all sorts'' of things

wrong with the house, that I did not

know until I told them to move.

They also changed the locks and I

don't have a key. They are ready to

fight me.


Asked on 10/12/08, 10:24 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Tenant failed to pay security

If security is a condition under a written lease agreement, you would have the right to terminate the lease upon tenant's failure to pay security. Upon termination of the lease you would have the right to commence a summery proceeding to obtain a Judgment of Possession.

In terms of a 30 day notice, you would have to look to the language of the lease agreement. Most lease agreements do not have language of a 30 day notice. Usually it is a shorter period of time.

Mike.

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Answered on 10/12/08, 12:01 pm


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