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  1. #1
    Join Date
    May 2005
    Location
    NY
    Posts
    4

    Default Help with a holdover tenant

    We closed on a rental property on 5/9 and at the closing the Lawyer stated that the upstairs tenant would be out by the end of May, because my daughter would be moving in upstairs on 6/1.

    The upstairs tenant has just been horrible. He locked us out of the basement (the only way in is through the hallway to his apt) so my husband could make repairs. So we called the police, and he told the police we were entering his home without his knowledge, which is completely untrue. And the State Trooper told him he can't deny us access to the basement and then told us that there isn't anything left up in the apartment, it has been completely cleaned out. So he's staying up there just to be a jerk. He's moving in with his girlfriend, so he has a place to go.

    I know he can legally stay until the end of May, cause he's paid up until then. But can he refuse to leave after the first? He even told the State Trooper he was leaving on 5/31 and the Trooper told us we could have access on 6/1.

    We are worried cause my daughter and husband have already given notice, so If this guy doesn't leave, they aren't going to have any place to go. And we know that he hasn't given a disconnect notice for any of the utilities yet and here he has to be out by next Tuesday.

    Any advice would be very welcome
    Thank you,
    Carli

  2. #2
    Join Date
    May 2005
    Location
    NY
    Posts
    4

    Default

    I should have mentioned that we are in Central NY. ops:

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Evicting a Holdover Tenant in New York

    The New York Courts offer a Landlord's Guide to New York City Housing Court which outlines the laws of eviction for the City. The City does have some special rules, particularly in relation to rent controlled units, but you may nonetheless find it helpful.

    It appears that if the tenant does not move on time, you would have to serve a thirty day notice, and could only commence eviction proceedings after the expiration of that notice period. That, actually, is not unusual for rental laws in the U.S. So you're best off if he moves out on his own, and may wish to consult a lawyer who handles landlord-tenant evictions just in case he doesn't.

  4. #4
    Join Date
    May 2005
    Location
    NY
    Posts
    4

    Default

    Thank you very much for your reply Aaron!!

    Carli

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