movin on out

[319Dante]

If i have to move out of my home due to financial reasons, can i evict a tenent in my rental property so i can live there?

 

[army judge]

If i have to move out of my home due to financial reasons, can i evict a tenent in my rental property so i can live there?

No.

You try that, and if your tenant isn't an idiot, it'll bring you some very costly legal problems.

Your tenant's leasehold is protected by NY state law.

 

[319Dante]

what if the lease is up and they are only month to month

 

[army judge]

what if the lease is up and they are only month to month

In that case, you have to give them 30 DAYS OR ONE MONTH'S NOTICE.

This depends if you are in NYC or other parts of NY state.

The box below describes HOW and WHEN it must be done.

It has to be done as described below, or there will be problems for YOU!

Also, make sure you keep a record of everything you do.

Try to get signatures or have witnesses, independent witnesses!

MONTH-TO-MONTH TENANT IN NEW YORK

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)

In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term.
The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)

http://www.rentlaw.com/ny/monthtomonth.htm