Legal Question in Real Estate Law in New York

Re: steps to having a tenant move

Assuming no written lease or a tenant that paid rent each month after the date the lease terminated, basic steps are as follows:

1. Must give tenant 30 days notice to vacate the premises. If the tenant was paying rent monthly, the 30 days notice must be a calendar month. In other words, notice must be given before April 30 and the notice must state that tenancy expires May 31, 2008. If you are located in NYC, the notice must be served.

2. On June 1, 2008, you must file a notice of petition and petition to evict based on a holdover tenancy. You cannot except May's rent, otherwise, you will have to start the process again.

3. You must serve a copy of the filed notice of petition and petition on the tenant. Generally, you would have to hire a process server.

4. On the return date in the notice of the petition, you will either have a trial or a default against the tenant. Sometimes a tenant will ask for an adjournment to obtain an attorney.

5. Assuming you win at trial or default, you will receive a judgment of possession and warrant of eviction. In New York City, the marshall obtains the warrant. Outside the city, you would prepare the warrant, have it signed by the Judge, and deliver it to the Sheriff together with the necessary paperwork for the Sheriff to execute on the warrant.

Mike.