Legal Question in Real Estate Law in New York

how to you legally tell a tenant in nys whose lease expired years ago to move out


Asked on 7/17/12, 11:20 am

3 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

You offer a renewal lease, in writing, at a greatly increased rate, Alternatively, you retain an attorney and evict the Tenant in court.

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Answered on 7/17/12, 11:26 am
Yefim Rubinov Yefim Rubinov Attorney at Law

I suggest you hire an attorney.But if you choose not to, then see below:

You have to give the tenant a 30-day notice to vacate (must be done 30 days before the lease expires). If the tenant does not leave, then you must go to Court. Do not accept rent for the month after the lease expires, this will create a month-to-month lease. Call me at 347 612-6677 if you need further assistance.

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Answered on 7/17/12, 11:26 am
Walter LeVine Walter D. LeVine, Esq.

I concur with the other authrors, not having seen the original lease. If it contained language regarding a hold-over tenancy, it may have renewed, either for a full term or on a month-to-month basis. Either way, 30 days before another renewal, you must give written notice to vacate, stating that there will be no renewal. I suggest the notice be sent both by certified mail, return receipt requested, and regular mail. If the tenant does not vacate, you may have to commence eviction proceedings. If this is a residential lease, not a commercial lease, expect there will be a hardship defense. This is a response to an Internet inquiry and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 7/17/12, 1:12 pm


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