WHICH EX-CON WILL YOU HAVE TO RENT TO? You have an apartment for rent. Maybe it’s the second floor of the four family house you live in. Will you be forced to ignore the criminal records of your prospective tenant … Continue reading
Last month, one of my clients called to discuss whether he could negotiate with a tenant who approached him seeking a buy-out to move out of a rent stabilized apartment. He had read about a new law that considers some … Continue reading
NO LEASE HOLDOVERS FOR UNITS EXEMPT FROM GOOD CAUSE EVICTIONS
In small buildings where the tenant has no lease, holdovers are almost always the recommended proceeding to evict a tenant, even if the reason you are evicting is non-payment of rent. However, if your tenant has a lease or you are prevented from starting a Holdover proceeding due to Good Cause, you will probably have to bring Non-Payment Proceeding.
If your tenant does not have a lease and your building is not rent-regulated or subject to Good Cause Eviction, the tenancy is referred to as a month-to-month tenancy. In this case, you do not need a specific reason to have your tenant removed. The fact that you want the apartment back is enough. This action is most commonly referred to as a No Lease Holdover. This action is done in two stages:
- Preliminary Holdover Notices are governed by the duration of the tenancy:
- Under (1) year – 30 days
- to (2) years – 60 days
- Over (2) years – 90 days
- A Notice of Termination must be served before the end of a rental period. This notice will expire on the last day of the next rental period. Example: The rent is due on the first of the month. If a Thirty Day Notice is served before the end of April, it will expire at the end of May. In this example, the tenant would be instructed to vacate before May 31. This notice must be very specifically worded and served in compliance with the Real Property Actions and Proceedings Law. If you are not familiar with these laws, you should not do this yourself.
- If the tenant does not vacate by the date specified in the Notice of Termination, a Holdover Petition will be served and the case will proceed to court.