Q: nonpayment vs holder over case for basement tenant nyc
i have a tenant in the basement that has not paid, i am just looking to get them out not get the money they own. Which case type is the best in this scenario?
A: You will have to go with the holdover case, because since it's a basement apartment, you would not be able to enforce the payment of the rent that you have charged.
Steven Warren Smollens agrees with this answer
1 user found this answer helpful
A:
Dear Brooklyn Tenant
Since you are not interested in rent, likely not even collectible, if the basement apartment is not legal, end the relationship with a properly served Real Property Law Section 226-C notification and follow up with a Holdover Summary Proceeding.
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