If yes, it become appurtenant (attached and part of) to the land.If yes to both, then you have an unlawful detainer matter.

I just got back from court for an unlawful detainer action.

In some municipalities, an unlawful detainer (“i.e. eviction) is still possible to obtain, that being said California state statues AB 1482 and AB 3088 severely limit most landlords abilities to evict tenants, and in most instances only able to evict for “just cause” meaning that the tenant has been a nuisance or has threatened the safety of other tenants at the property.

If a tenant holds over after being properly served legal notice, then filing in court for Unlawful Detainer and proceeding with eviction may indeed be necessary.

I'm not in New York however unlawful detainer prospect are outstanding.  

Although both of those I would go knock on the door and not send a letter.A group that may be your best opportunity is an equity based "Active for Rent" absentee or "Unlawful detainer" Absentee. 

If you want to read my first case study and how it went, see below:Brazilian police detain woman suspected of taking a dead man to withdraw bank loan | CNN

If not, I'm comfortable filing an unlawful detainer action.However, I'm looking for some advice regarding leasing this particular property.  

I want to target evictions,  but here in California the court files on unlawful detainer‘s are sealed for 60 days.  

Where most people are facing foreclosure or are stuck living in a house that is very much overvalued, the free and clear prospect has plenty of equity and have the ability to reduce the price of the house and cause it to sell.The criteria I use is40% equity or greater15 Year Ownership3-5 bedrooms Single Family No Corporate owned No Trust owned Owner is 65 years of age or olderUnlawful Detainers(Absentee Owner) - Check your local Court System An unlawful detainer prospect is a house which the tenant has stopped paying their rent and the landlord has began the eviction.