How easy is it to evict a month to month (with expired lease agreement) paying tenant that is not willing to leave? How long does the process take? any suggestions?
Thank you in advance.
You'll want to hire a real estate lawyer who is used to working in the housing courts in whatever county the property is in. That lawyer will serve a proper notice of eviction on the tenant. If the tenant wants to vigorously protest the eviction process (say, by lawyering up themselves) I've heard in New York County it could take up to a year, but that's just anecdotal.
My better guess is around six months -- the atty can better outline it for you.
ali r.
DG Neary Realty
JohnMiller
about 6 months ago
Posts: 33
Member since: Mar 2012
@tobytoby: If the tenant has a child/children the courts will not evict between Sep-Mar usually, otherwise you can do it anytime. You need to start the ball rolling asap.
And we are all assuming this is not a rent stabilized apartment. You do want to start the ball rolling ASAP. Do not accept rent. If you do, you are prolonging the process.
SMTSay
about 5 months ago
Posts: 9
Member since: Oct 2012
Though a lawyer 4-6 months if NOT a RS/RC tenant or kids or anything of the like....
I would try to work out a buyout with them. (Bite your lip and....) Tell them that you would like to give them the money that you would just spend a a lawyer. Then have lawyers make formal agreement.
Yes, it is a holdover. Get off SE and get a lawyer ASAP
MAV
about 5 months ago
Posts: 474
Member since: Sep 2007
Oh, maybe/hopefully you did, this topic is more than a week home.
MAV
about 5 months ago
Posts: 474
Member since: Sep 2007
"old" (iPhone) auto fill error
tobytoby
about 5 months ago
Posts: 163
Member since: May 2009
Thank you everyone for the advice.
None of the units are rent regulated.
We are trying to negotiate and come to an agreement on payouts for everyone. Just in case no agreements are reached with some of the tenants, I also spoke with an eviction lawyer and was assured that he could evict everyone within 4 to 6 months.
greensdale
about 3 months ago
Posts: 2578
Member since: Sep 2012
Been 2 months now, how is your eviction coming along?
NYCMatt
about 3 months ago
Posts: 6807
Member since: May 2009
How long have they been living in the apartment?
If they've been there at least 7 years, a whole new level of protections kicks in, as they are now considered a "sitting" tenant.
How easy is it to evict a month to month (with expired lease agreement) paying tenant that is not willing to leave? How long does the process take? any suggestions?
Thank you in advance.
Good question!
Months & months, no?
You'll want to hire a real estate lawyer who is used to working in the housing courts in whatever county the property is in. That lawyer will serve a proper notice of eviction on the tenant. If the tenant wants to vigorously protest the eviction process (say, by lawyering up themselves) I've heard in New York County it could take up to a year, but that's just anecdotal.
My better guess is around six months -- the atty can better outline it for you.
ali r.
DG Neary Realty
@tobytoby: If the tenant has a child/children the courts will not evict between Sep-Mar usually, otherwise you can do it anytime. You need to start the ball rolling asap.
>You need to start the ball rolling asap.
It's a holdover case, as JohnM says, get moving already - you will prevail but you have to act.
Thank you everyone for the advice.
Anyone has a lawyer with eviction experience that they recommend?
http://streeteasy.com/nyc/talk/discussion/33251-need-a-tenant-lawyer-asap
And we are all assuming this is not a rent stabilized apartment. You do want to start the ball rolling ASAP. Do not accept rent. If you do, you are prolonging the process.
Though a lawyer 4-6 months if NOT a RS/RC tenant or kids or anything of the like....
I would try to work out a buyout with them. (Bite your lip and....) Tell them that you would like to give them the money that you would just spend a a lawyer. Then have lawyers make formal agreement.
https://twitter.com/SMTSay
Yes, it is a holdover. Get off SE and get a lawyer ASAP
Oh, maybe/hopefully you did, this topic is more than a week home.
"old" (iPhone) auto fill error
Thank you everyone for the advice.
None of the units are rent regulated.
We are trying to negotiate and come to an agreement on payouts for everyone. Just in case no agreements are reached with some of the tenants, I also spoke with an eviction lawyer and was assured that he could evict everyone within 4 to 6 months.
Been 2 months now, how is your eviction coming along?
How long have they been living in the apartment?
If they've been there at least 7 years, a whole new level of protections kicks in, as they are now considered a "sitting" tenant.
Talk to a lawyer.