Hey everyone so I closed on my first rental a few months back and the tenants were already in place. One unit has a month to month tenant with no lease who has been there for 2 years. I need to get him out of there so I can remodel the inside of his unit, plus he is the worst tenant I have.
As a newbie I am lost as to what I need a lawyer for and what I don’t. I know I need to give him 60 or 90 days written notice in NY to vacate. I have no idea the best place to find this form and if it is something I just slap on the door? Do I need a lawyer for this?
I was under the assumption that lawyers are only needed in eviction cases. For normal stuff like removing a month to month tenant, where is the best place for forms and to get better guidance for NY? I’m so lost with all the new laws. Any help or guidance is appreciated
Adam, congrats on your first rental. I agree with Michael. In a state like NY, you want to follow their process to the letter. Find a good attorney that you can build a relationship with. The expense of doing it correctly is nothing compared to the headaches doing it incorrectly can cause.
@Adam C. I assume you're self managing? To my understanding New York is a tenant friendly state and has some of the most complex laws behind evictions. In addtition, I do know if the current resident has lived there for two or more years you do indeed have to give them a 90 day written notice. Even though this is a notice to vacate and not an eviction, I would still seek legal advice. There are tons of templates online for notice to vacate letters. At the very least I would send the letter to the current tenant and wait for their response. Follow up via email or phone call to ensure they received the letter. Hopefully other BP members can chime in with this one and be of more guidance.
Adam, congrats on your first rental. I agree with Michael. In a state like NY, you want to follow their process to the letter. Find a good attorney that you can build a relationship with. The expense of doing it correctly is nothing compared to the headaches doing it incorrectly can cause.
Thanks guys. I read that notices to vacate like this one need to be served by a third party in NY. I reached out to an attorney I have used in the past and they are going to initiate this.
Have you tried having an open conversation with the tenant and discussing a raise in their rent (if not a rent controlled or rent stabilized unit) and/or offering them relocation fees or incentive fees to deliver the apartment vacant?
Might cost a bit more money - but might save you a heck of a lot of time.
Have you tried having an open conversation with the tenant and discussing a raise in their rent (if not a rent controlled or rent stabilized unit) and/or offering them relocation fees or incentive fees to deliver the apartment vacant?
Might cost a bit more money - but might save you a heck of a lot of time.
How would you recommend the relocation fees or incentive fees scenario? Is this like a cash for keys type of deal?
I’m no lawyer but on all my NY properties where I don’t have a lease for whatever reason from the Acquistion, if the tenant has been there more than a year I believe, You need to give a 90 day notice of termination. If you’re lucky they’ll move out. If not, then you’ll need to then start a holdover eviction but you can’t do that until you’ve given the proper notice of termination. If you don’t know how long they’ve been there or don’t have other supporting lease details then you have to default to the longest notice period, which is 90 days.
If the property is owned in a LLC or other type of corporation you would need a lawyer. It's not considered representing yourself it this situation but the illegal practice of law even though you own the company 100%. New York is so tenant friendly definitely get an attorney at least for your first rodeo.
Have you tried having an open conversation with the tenant and discussing a raise in their rent (if not a rent controlled or rent stabilized unit) and/or offering them relocation fees or incentive fees to deliver the apartment vacant?
Might cost a bit more money - but might save you a heck of a lot of time.
How would you recommend the relocation fees or incentive fees scenario? Is this like a cash for keys type of deal?
I would advocate a "carrot and stick" approach - explain that you need the apartment and that you are willing to work with them and help them. Ask how much time they would need. Let's say the tenant says "give me 4 months!"
Great. Draft a document that says if you leave in 30 days, you will pay $X, if they leave in 60 days you will give them $Y and after 120 days they must vacate regardless. Now you've incentivized them to cooperate and given them notice. Make them sign this which not only seals the deal and provides a record that you've given them a 90 day notice in case the deal doesn't hold up (on their end).
30, 60, or 90 days. If the tenant was in possession for less than 1 year - 30 days notice. If the tenant was in possession between 1 and 2 years - 60 days notice. If the tenant was in possession more than 2 years, 99 days notice. If you do not draft and serve the notice you could end up having to restart the process in 6 months - 1 year after the court dismissed the case. See RPL 232-b and RPL 226-c.
How does the notice have to be served?
The notice must be served pursuant to RPAPL 735, which requires attempts at personal service before posting at the premises and mailing.
Who has to serve the notice?
A third party that is over the age of 18 (typically a process server). You cannot serve the notice.
Are there COVID rules?
Yes. You must serve a covid hardship declaration and the proper return information for the tenant to send the hardship. If the tenant returns the covid hardship, you cannot commence a proceeding until January 15, 2022 at the earliest. As of the most recent revision if the moratorium, you can challenge the hardship if you have a good faith belief the tenant did not suffer a hardship. The landlord can also escape the moratorium if the tenant is a nuisance/performing objectionable conduct. https://davisblegal.com/2021/10/19/new-york-evictions-during-the-covid-19-pandemic/
Can a entity (LLC or Corp) evict a tenant without an attorney? Individuals can represent themselves pro se in an eviction, however an LLC or a Corporation must utilizes an attorney. It would be considered the unauthorized practice of law otherwise.