Brooklyn, NY asked in Landlord - Tenant for New York

Q: I rented an apartment to a couple and their child . they are now 7 months behind in rent.

I now learned from neighbor that she took in a new partner and she previously told me that she will pay half the rent and her first partner will pay half and pay the rent owned previously. Looks like she threw him out

Do I have to allow this new person to live there. No lease they are month to month tenants.

I guess I could start non-payment or holdover . Do I serve first and last boyfriend in addition to her?

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: If your tenant(s) are seven (7) months behind in the rent, whether the tenant has a new person living in the apartment is the least of your concerns. When you allow rent arrears to accumulate over many months without taking action, a tenant may be able to successfully claim latches and prevent the landlord from obtaining a judgment of possession for rent sums due for more than six (6) months.

As for who to sue, generally you sue the tenants you rented to but if you know of others living in the apartment you should consider naming them too.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Landlord Tenant Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: This is very simple for a landlord tenant attorney to do; Our office handles the entire thing for $720 flat. In your situation because it is a month-to-month tenancy you may end up with 30 days notice, as you can the other party. At this point, all you need to do is provide 10 days notice to cure and you could theoretically sue for a summary nonpayment petition as well as on a holdover basis, but the former not the latter will get you your money and a warrant of eviction.

Call me; We could probably even do this for 650

Aubrey Galloway III Esq

646-905-6268

914-912-1555

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