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Updated over 2 years ago on . Most recent reply

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Matt Nervegna
  • Rental Property Investor
  • Queens, NY
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Need a month to month Tennant out in ny

Matt Nervegna
  • Rental Property Investor
  • Queens, NY
Posted

Hey I just bought my house around a year and a half ago with a Tennant in a downstairs apartment . He is month to month no lease I now need the downstairs for a family member who lost a job and needs to stay with us so I told the Tennant he has 2 months until I need the apartment. By law I only need to give him 30 days. He requested to stay until the summer unfortunately I need the space in March. I explained to him that I would give him the month of February for free to help him financially and that it has nothing to do with him that he can use me as a reference wherever he goes next. What is the proper way In Long Island ny to serve a month to month Tennant incase our verbal agreement doesn’t stand and he tries something funny ? Thanks in advanced

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Wesley W.#4 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • The Vampire State
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Wesley W.#4 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • The Vampire State
Replied

Wow.  Please take my comments as constructive and "tough love."

It's clear you do not understand the L/T laws in NYS.  You may need to give the tenant 90+ days proper notice to vacate.  This is NOT based on the lease, but actually based on the length of time they have resided in the property, per the Housing Stability & Tenant Protection Act of 2019.

You are in over your head and have already made some mistakes.  I would consult an attorney for help in these matters or these tenants will legally do number on you because of your ignorance.  If you want them out ASAP (which might not be anytime soon), you need to spend the money up front on counsel to quarterback this for you.  Pay a little now or a lot later in order to get your property back.

Good luck.

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