Legal Question in Landlord & Tenant Law in New York

She would have to serve a 30 day notice on the tenant. Serve means with a process server. 30 day notice means a calendar month. Therefore, if the notice is served in November, the tenancy would end December 31.

During this period (December) your monther must not accept rent. Acceptance of rent would void the 30 day notice.

Come January your mother would commence a holdover eviction proceeding.

If you need help with this feel free to telephone my office.

Mike.

Mr. Markowitz is correct about the 30 day Notice and the ensuing Holdover Petition that would need to be filed. The only way to legally evict a tenant is to file a NonPayment or Holdover proceeding with the Housing Court. We have substantial experience handling these types of cases and our rates are very reasonable, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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