In New York If There Is No Lease. Can You Evict A Tenant If They Haven't Paid Rent?


4 Answers

Daniel Tagliento Profile
In New York, a working heating system is an obligation, a basis requirement for conditions to be provided for habitability. Your stating that it wasn't in working order will be possibly used against any argument for eviction that you could present.
You should have contacted the NYS agency providing assistance to the tenant. Payments would have been mailed directly to you towards the rent.
You will have to start a formal eviction action with the city that your property is located in. It may take months! You do not have the right to turn off any services to the apartment for any reason. Your access to the property is limited to emergencies such as water, smoke or other major conditions which might lead to damage to the building. You may also enter the space should your signed lease state an advanced notice might be served to the tenant for a certain number of days. You are not in the best of position for an eviction. The system protects the renters "home" especially if there are minors in residence. Tip Toe towards a legal solution and stay within the law...or the tenant made be there a long time without paying a penny to you!
thanked the writer.
Anonymous commented
You fell for that? Did you think she was being nice to you? Firstly, nonworking furnace is against health laws. Now she has a clout over you for not fixing the furnace when you take her to court. I say evict her anyway. But go thru the legal eviction proceedings
Paul Yu Profile
Paul Yu answered
I think you have squatters rights. And they would have to evict you through the court system in order to get you out. Or they might send a hit squad to rough you up and get you out that way.
Dyane pham Profile
Dyane pham answered
In general I think you as an owner can evict a tenant if they haven't paid rent but before you do that, you must give them a thirty days notice after maybe 15 or 30days late.I could be wrong but It's pretty much common sense...=)GL
With or Without a Lease, the landlord and/or homeowner has the right to file for an eviction whether there's a lease or not. However, the purpose of being evicted and the grounds surrounding how fast you are to be removed do not stand much for the landlord because the legal system will allow you up to 6 months in many cases before they summons the Sheriff to remove you from the premises. It's a very catch-22 situation for the landlord but normally rules in your favor in the State of New York. Make sure to have your receipts and/or money orders available if necessary because most Judges will ask for you to show that you have paid in the past current with the landlord to ensure that you were a good payer before you became delinquent with the rent to cause this action for eviction. Since there is or was not a lease, this is a favorable situation for you the tenant if in fact you can produce viable proof that you did maintain a good or excellent payment history before becoming pastdue.

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