Q: How long of a notice do I give the tenant for her to vacate the property i bought? Tenant has no lease and $0 rent
I just purchased a duplex (close in a few days) in upstate NY and the lady that lives there never signed a lease and has never paid the Seller (her brother) rent in the two years that she has lived there. She wants to stay, but I have another tenant lined up to move in once she vacates the property. Would she be considered a tenant at will? Tried doing research and i'm not sure if it's 30 days, 60 days or something else.
A: 30 days is the safest. Why would you have closed on a property with an occupant. She is going to claim a lease and the seller is not going to come to court to help you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
