Atlantic City, NJ asked in Real Estate Law and Landlord - Tenant for New York

Q: I own an apartment and have strong suspicions they are running illegal airbnb, I've notified them not renewing lease

They've asked for 1 month extension to find new apartment. Is it possible to put provisions in extension, that they attest they are not doing airbnb and they will be held liable for any fines incurred from city and building if they are discovered? Is best tactic just to let lease run out? Building is a condo, and the building does not allow airbnb at all and they have put me on notice of their suspicions. Building also has their own fines for illegal airbnb.

1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In NYC, a landlord is immediately able to commence a holdover proceeding in Housing Court upon the expiration of the lease. If a landlord accepts rent from a tenant after the expiration of the lease, a month-to-month tenancy is usually created and must be terminated by service of a thirty (30) day notice prior to commencing a holdover proceeding. If you are unhappy with the tenant and may be facing problems with the condo/coop because of suspected Airbnb use, you would probably want to act as quickly as possible by commencing a holdover proceeding upon the expiration of the lease instead of creating a situation that will delay your ability to act. Individuals are not legally required to have an attorney represent them in Housing Court but guestimate is at least 90% do and it is well worth it.

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