Q: I sent the new lease to my tenant over 80 days ago and there is no response how do i get my property back
A: If you are in New York City and this is a rent-stabilized unit, you will need to serve a failure to renew holdover proceeding. Feel free to contact me, as my office handles these matters regularly.
Steven Warren Smollens agrees with this answer
A:
Dear Manhattan Landlord
Possibly because you did not make the offer of a new lease as required by Real Property Law Section 226-C. Depending upon the total time of the tenancy, you would need to provide 30, 60 or 90 days advance written notification to sign a new lease. In NYC this document must be served by a process server.
If you did not so your tenant is able to ignore you.
Let us know what you did.
A: If the tenant hasn't responded to the new lease, you might need to serve a "Notice to Cure or Quit," giving them a limited time to respond or vacate. If they fail to comply, serving a "Notice of Termination" with a timeframe for leaving could be necessary. If the tenant still doesn't vacate, legal action may be required. This involves filing an eviction lawsuit, attending court hearings, and potentially receiving a judgment for possession. Once granted, law enforcement—typically a sheriff or marshal—can carry out the eviction.
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