Legal Question in Real Estate Law in New York

How Do I Evict A Troublesome Tenant?

I have a tenant who has been renting an apartment from me for the last two years. From day one she has been nothing but trouble: 1) She is consistently late with the rent (she still owes half of the rent for 9/97 and hasn't payed her rent for 1/98 yet) 2) She refuses to abide by the recycling laws of New York State. As a result, I have been forced to separate her garbage in order to avoid getting fined. 3) She fills her hallway corridor w/shoes, carriages, etc despite having politely asked her many times to remove them 4) She has defaced and made holes in the walls of her apt etc.

I am sick and tired and want her out ASAP!!! What should I do? Please respond. I am in dire need of assistance!!

Asked on 1/08/98, 11:05 pm

2 Answers from Attorneys

John Hayes The Law Office of John M. Hayes

Evicting a troublesome tenant

[1] Is there a lease? What are its terms? When does it expire?

[2] Do you live in The City, or in the country?

[3] Do you have a lawyer?

Surely you know that there are long-established procedures for court intervention to bring about the eviction of a tenant. It may be that you are "up to" commencing the lawsuit on your own, without the benefit of an attorney & it certainly "appears" that you have adequate grounds to proceed.

However, although the procedures are 'long-established', there are certain intricacies &, as a general proposition, a court will look to find some way to avoid an eviction in the middle of winter -- the inadvertant failure to honor one or another of the 'intricacies' will usually suffice to defeat the landlord's efforts.

In sum: why not consult with an attorney local to your whereabouts ...?

Regards, etc.,


-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 1/09/98, 7:12 pm
Stacey Van Malden Stacey Van Malden, Attorney at Law

NY Eviction of non-paying tenant

In order to answer your question, I need more information--Is this a rent controlled or stabilized building or private Home (less than 3 apartments).If this is a private building, you are under no obligation torenew the lease. If it is stabilized or controlled,there are only a few reasons not to renew, and causinga nuisance to you and other tenants, as well as non-paymnetof rent are two of them.My suggestion is to either begin a suit for eviction by yourself (the courthouselikely has a "landlord's information table" by yourself,or to contact a local attorney to begin suit.Good Luck!!

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Answered on 1/10/98, 12:24 pm

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