Angola, NY asked in Landlord - Tenant for New York

Q: I have a tenant occupied property that I am buying. They currently have a month-to-month lease that is just verbal.

As a new landlord, I am just acquiring the property. Do I have the right to evict this tenant because I need their apartment for a family member that is currently getting evicted from their property. Do I have the right to evict them the day that I get the property. What are my rights as a new landlord? I’m only 22 and just got this property that I never intended on renting and now in this mess and the reason why I need the apartment is because I need it for a family member that is going to be caring for me I am disabled I need my carrier near me

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Angola Property Owner

Congratulations on acquisition of a deed to real property. Unfortunately NYS housing law does not provide shortcuts to the legal eviction process regardless of need or emergency. You will need a lawyer.

You need to know how long the month to month tenancy existed. If more than two years you cannot set up a legal eviction proceeding without first giving the tenant at least ninety days advance written notification that you are ending the month to month tenancy. After waiting to see if the tenant moves out and leaves voluntarily, you need to return the security deposit within 14 days after moving out. But if the tenant does not want to leave you need to commence a Holdover Summary Proceeding in the local tenant and landlord court.

Obviously the legal process takes time. Your lawyer may very well have ideas for buying out the tenant rights to speed up your ability to move into the house.

But an eviction without court is a crime in NYS and could involve police and an arrest. So hire a lawyer.

Tim Akpinar agrees with this answer

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