Hi New Yorkers. We are buying a property in upstate NY - within the Catskills. The property currently has a tenant, who is NOT on a lease. During this age of COVID, are we allowed to ask her to leave, if given 90 day notice? Is this considered an "eviction" if there is no lease? I understand NY has a hold on all evictions.
Any NY state resources on how to stay up-to-date on rental/landlord/tenant laws would be helpful. Thank you
Congrats on the acquisition. The best resource re NY's eviction moratorium will be your attorney handling the sale. Also periodically check the governor's website governor.ny.gov for updates.
As for the tenant, when negotiating the purchase you could stipulate that certain units be vacated prior to close. This then puts the onus on the Seller. The downside is if there are multiple interested parties you risk losing out to an offer that is less burdensome of the current owner. Were they on a lease previously? If so then review that document. As long as it does not stipulate upon expiration it auto renews for a certain length of time then they are on a month to month tenancy. After closing inform the tenant they are to vacate. Depending on how long they have occupied the unit they will be entitled to between 30-90 days notice.
Congrats on the acquisition. The best resource re NY's eviction moratorium will be your attorney handling the sale. Also periodically check the governor's website governor.ny.gov for updates.
As for the tenant, when negotiating the purchase you could stipulate that certain units be vacated prior to close. This then puts the onus on the Seller. The downside is if there are multiple interested parties you risk losing out to an offer that is less burdensome of the current owner. Were they on a lease previously? If so then review that document. As long as it does not stipulate upon expiration it auto renews for a certain length of time then they are on a month to month tenancy. After closing inform the tenant they are to vacate. Depending on how long they have occupied the unit they will be entitled to between 30-90 days notice.
Best of luck,
-Steve
Thank you, Steve! That was very helpful, I appreciate it.