HI
I will be very appreciated that if you can give me legally advises.
I live in New York. I had a lease contract with my tenant half year ago. It is a one year lease. It is going to be end in August this year.
I Heard from my tenant, they said that they are not going to move out enough though the lease is over. They said they have "WAYS" to stay here...
They have five people. Two adults, Two kids, two elders. One of the elder has cancer. He is conditinally ok. He can walk.
Please tell me what should I do to ask them to go out when the lease contract expired.
are there any excuse for them not to move out because they have elders in the house? Visit this website http://www.tenant.net/Other_Laws/RPAPL/r...
http://www.nyc.gov/html/doi/html/marshal...
-pay attention of "social service call ins"
If they follow through on their words, then you will have to file for an eviction/civil. Do not bother to contact law enforcement regarding the issue b/c they won't touch this with a ten foot pole. I am not sure how long the process is in NY. In Georgia it can take 3-6 mos. As far as the elderly persons in the home...it shouldn't be an issue. The only rights as elder tenants is the right to terminate their lease..if it's in their names..to enter an old folk's home. When you file for eviction you MUST note if there are any sickly children or adults who are alone and unable to fend for themselves. This enable the marshalls to contact the appropriate social service organization to get them out of there BEFORE the marshalls serve the notice. They don't want to have to put the sick or mentally challenged persons on the street too. If you fail to notify them prior..it could hold up their kicking the tenants out. I would note their presense simply to CYA (cover your a$$) Unfortunatley I don't think you can start the paperwork until you have given them 30 days notice to vacate. I don't know if you can give them notice 30 days before the lease is up or if you have to give it after the lease is up. Until then, make sure you have all the correct information on the adult tenants such as social security numbers copies of driver's licenses as well. You can file to evict them sooner but there has to be a really good reason such as severe property damage etc. Read the marshall's manual and good luck.
Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (Real Property Actions Proceedings Law ("RPAPL") 搂 711)
To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL 搂749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law 搂235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.
A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL 搂713, 搂853) never been to NY. have you asked your lawyer? what are landlord tenant rights, in your area?
have you been to court and had them served?
good luck.
best wishes. If the lease is for one year they can't stay. It may take a while but you have rights too. Send them a notice that there lease is not going to be renewed. Send this as a certified letter.
send it at least 90 days in advance. State that the property is going to be used for another purpose such as your moving back in or leasing it to a relative. The day after the lease ends, file a eviction notice with the courts stating your reason. The court will issue a eviction and the you can call the police to help you move them out. I also live in NY. You have the option not to renew the lease. Tell
them now that you will not be renewing the lease. If they refuse to move you can get an eviction notice and have a Marshal remove them from the house. You need to find an attorney who specializes in landlord/tenant law. Have the attorney draft a letter asking them to move at the end of the lease and make sure you can prove delivery of the letter.
If they refuse to move you will have to go to court and get a judge to order an eviction. You'll need the attorney for that too. New York, especially NYC, have very liberal landlord-tenant laws. Usually the tenant must be given a new lease unless it can be proved they are in violation to any of the conditions of the current lease. It would have been wise to have consulted an attorney that specializes in landlord-tenant law before leasing any property. You should now consult such an attorney if you want any chance of getting them out should they over-stay the lease. Otherwise they can drag it out for a considerable time. You haven't given a reason why you want them out.
If they haven't been paying their rent then you have the right to evict them. Don't know if there is a time limit on this or not.
You're the landlord. You should know about the legalities when you hand over the lease for signature. They may know more than you or they may not. The may be playing games, and that's why you need to be educated if you want to be a landlord.
I've heard of people getting five day notices, 30 day notices. I've also know of people who's belongings wind up on the street because of non payment and did nothing about it. Sheriffs Dept. comes knocking on the door and everyone and everything is out the door right then and there.
Did you know about that? | 