Q: Landlord in Brooklyn NY. Asked long term tenant that is on a month to month to surrender property but she did not move.
Landlord in Brooklyn NY. Asked long term tenant that is on a month to month to surrender property. Gave her the 90 days and officially served her with a service processor. Date to vacate was December 31st. She did not move and said she does not have the funds. So we agreed on March 31st but she would continue paying rent. 1. Can I still collect the rent if we both agreed BUT if she does not leave can I start eviction immediately or do I have to do the 90 days again? Also need a surrender letter we both can sign. Will that hold up in court that we agreed to extend until March with her paying rent. She sent January payment but I havent cashed.
A:
Dear Brooklyn Landlord:
Acceptance of rent after the end date of the tenancy creates a new month-to-month tenancy and would require a new Section 226-C written notification served by a process server.
In Kings County Housing Court, a surrender agreement is not likely to be a good ground to commence a Holdover proceeding. Even were it possible to do so, as soon as the tenant's court-appointed attorney makes a motion to dismiss, it is likely that the court will dismiss your holdover.
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