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Eviction of a month to month paying tenant

Started by tobytoby
over 13 years ago
Posts: 168
Member since: May 2009
Discussion about
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.
Response by mutombonyc
over 13 years ago
Posts: 2468
Member since: Dec 2008

Good question!

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Response by drdrd
over 13 years ago
Posts: 1905
Member since: Apr 2007

Months & months, no?

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Response by front_porch
over 13 years ago
Posts: 5324
Member since: Mar 2008

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

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Response by JohnMiller
over 13 years 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.

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Response by huntersburg
over 13 years ago
Posts: 11329
Member since: Nov 2010

>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.

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Response by mfaissal
over 13 years ago
Posts: 3
Member since: Aug 2009

Thank you everyone for the advice.
Anyone has a lawyer with eviction experience that they recommend?

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Response by huntersburg
over 13 years ago
Posts: 11329
Member since: Nov 2010
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Response by tm2mc
over 13 years ago
Posts: 53
Member since: Dec 2009

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.

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Response by SMTSay
over 13 years ago
Posts: 15
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.

https://twitter.com/SMTSay

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Response by MAV
over 13 years ago
Posts: 502
Member since: Sep 2007

Yes, it is a holdover. Get off SE and get a lawyer ASAP

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Response by MAV
over 13 years ago
Posts: 502
Member since: Sep 2007

Oh, maybe/hopefully you did, this topic is more than a week home.

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Response by MAV
over 13 years ago
Posts: 502
Member since: Sep 2007

"old" (iPhone) auto fill error

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Response by tobytoby
over 13 years ago
Posts: 168
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.

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Response by greensdale
over 13 years ago
Posts: 3804
Member since: Sep 2012

Been 2 months now, how is your eviction coming along?

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Response by NYCMatt
over 13 years ago
Posts: 7523
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.

Talk to a lawyer.

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