Hi all, Is it considered an "eviction" if the tenant is month-to-month (upstate NY - Catskills)? Would this apply to the new federal mandate of no evictions until the end of the year? We are buying a property that comes with a tenant, but we need her unit. Any and all advise is appreciated, thanks.
Lender · Patterson, NY · Member since 2017 · 488 posts · 186 votes
6y
Howdy. Month to month is a tenancy. To rid yourself of the tenant you'll need an eviction. Regardless of the Fed CDC moratoriun, NYS also still has an eviction moratorium. It's not great news. Sorry
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
6y
It’s all about state to state laws. Until September 1st you couldn’t evict someone whose lease had expired in Las Vegas. Under the “no evictions” extension in Las Vegas. You can now evict a holdover tenant whose lease has expired. It will take a couple weeks instead of 5 days but according to an article in the Las Vegas paper that is now allowed.
Investor · Member since 2018 · 43 posts · 14 votes
6y
I can confirm what @Bill B. is saying. Just ran across this one a recent property I acquired in Vegas. Advice from the eviction company we use said we can send any tenant that has a lease that's month to month (ie lease expired) a letter stating that we're not renewing their lease. Should they stay in the unit past that time a 5 day notice can be sent. Every state is going to differ.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
6y
The NYS laws (HSTPA) are very specific with how they interface with the executive orders from Cuomo and Judge Marks' order from last month, as well as federal decrees, namely the CARES Act and now from the CDC. It's a long and convoluted diagnosis with all these moving parts. I have a resource that can help if the OP would like to avail herself of it.