Printed from at 01:06 PM, Dec 8 2016
Talk » Sales » Discussing 'Eviction of a month to month paying tenant'

Eviction of a month to month paying 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.

Comment removed.

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

Comment removed.

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.

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.

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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.


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