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How much notice does a landlord have to give in NYS?

If the tenant has occupied the unit for more than two years or has a lease term of at least two years, the landlord must give at least ninety days' notice.

How long can a tenant stay after the lease expires New York?

If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.

What is a predicate notice?

A predicate notice is any notice that must be served on a tenant before a summary proceeding in housing court may be commenced.

How do I evict a month to month tenant in New York?

Month-to-Month Tenant: If you don't have a written lease and you pay rent monthly, or your written lease is month-to-month, you can be evicted only if: You owe rent and you were served with a 14 day demand for the rent (a thirty day demand is required if you are renting from a manufactured home park), or.

How long does eviction process take NYC?

It takes about 14 to 90 days from the issuance of the Notice to Vacate, depending on the reason for eviction and the lease agreement.

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How do you get someone out of your house who won't leave NYC?

To start a case to make your roommate move out of the home or apartment that you share, you need to fill out a Notice of Petition and a Petition. Use the free DIY (Do-It-Yourself) roommate holdover computer program provided by the NYS Courts Access to Justice Program to make your court papers.

How do you start a holdover proceeding in NYC?

To start a holdover case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The landlord/owner must give you the papers the right way (see page 6). The papers tell you the date, time and place (courtroom or Part) when you must come to court.

How long does it take to evict a holdover tenant in NYC?

Most New York City evictions will take around 3 to 6 months. However, the reason for the eviction can impact the timing. If the tenant has violated the lease, you can evict them in less than 3 months. Evicting a holdover tenant can take a lot longer, especially if they claim you didn't properly serve them notice.

What is the eviction process in NYC?

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal, or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

How long does eviction process take NYC?

It takes about 14 to 90 days from the issuance of the Notice to Vacate, depending on the reason for eviction and the lease agreement.

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