Brooklyn, NY asked in Landlord - Tenant for New York

Q: How to properly evict a tenant who has lived on my property 10 years

I would like to evict my tenant because I don't not want to renew her lease and my daughter is having a baby and I want her to stay in the apartment I have downstairs. I own a 2 family home.

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

A: In an ideal world you would speak with your tenant and things would move forward cooperatively. However, that frequently does not work out. Therefore, landlords are required to serve a 90 Day Notice of Termination on a long term tenant before commencing a holdover proceeding in Housing Court to recover possession from a tenant that does not voluntarily vacate.

If you own the house in an individual and not a corporate capacity, you are not required to retain an attorney for this process. However, moving forward without an attorney is definitely not a good idea as you are held to the same legal standard as those parties in Housing Court with attorneys and even a small mistake at an initial phase of a Housing Court case can result in the dismissal of the case months down the road.

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