Esperance, NY asked in Landlord - Tenant for New York

Q: I am looking to purchase a home with a tenant on a month to month land contract. What is the eviction process

The tenant is delinquent since November

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1 Lawyer Answer
Toshinori Isoai
Toshinori Isoai
  • Landlord Tenant Lawyer
  • New City, NY
  • Licensed in New York

A: You may need to review the lease between the current owner /landlord and the month-to-month tenant to see if the occupant is a month-to-month tenant. You may want to review the expired lease between the owner and the tenant.

The best way is to have the current owner to get the tenant our BEFORE you take the ownership by giving the required notice, etc. You may want to put a clause in your sale contract requiring the owner to remove the tenant or transfer the ownership without anyone in the premises.

If you take the new house with the tenant in it, then, ASSUMING that the tenant is indeed a month-to-month tenant, then you should be able to remove him/her by taking the requires steps (notice, filing of petition, etc). But you want to ensure you know how the monthly tenancy came about, how much s/he has been paying when and how, etc.

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