Q: I lease an apt but don't live in it what rights does someone living in it 3yrs have?
I gave her 60 days notice to leave and she said she has rights and that I cant do this. I have family that wants the apt.
A: If you subleased your apartment, you stand in the role of landlord to your subtenant. If your subtenant will not voluntarily vacate, like any landlord, you must commence a court proceeding to recover possession.
Roland Godfrey Ottley agrees with this answer
A: You would be the landlord in relation to your subtenant who is in possession of the premises. Since you indicated that she has been living there for three years, you should serve her with a 90 day notice instead of a 60 day notice. If after that time has expired, she does not move out of the premises, you can commence a holdover proceeding against her. The 90 day notice must be served in the same manner that you would serve a holdover petition.
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