QUESTION

We need to evict a holdover tenant in New York State, they have stayed in our rental for 3 and half year,

Asked on Aug 26th, 2021 on Real Estate - New York
More details to this question:
question, 1. what kind of notice we need to send, 30 days or 90 days? 2. lease is expired by end of June, and they paid rent for July and August, if we try to evict them after that, should we accept rent in the future? 3. They told us there is leaky in house (the corner of garage) in the middle of August, is that our responsibility to repair? 4 the leaky is not too bad, we assume as long as they don't use the small bath room ( it has 2and half bath in house). The house has a lots of stuff and people. I am not sure if we can fully assess and fix the leaky w/o vacant. If we couldn't do it, will tenant use that to against us and suit us, or make judge to dismiss the eviction case.
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1 ANSWER

Landlord and Tenant Law Attorney serving New York, NY
You will have to have a process server  serve an appropriate 90 day notice of termination on your tenant. If the tenant doesn't vacate when the notice expires,  you eill then have to start a holdover eviction action against your tenant in Housing Court. While your tenant remains in occupancy you need to make all required repairs and continue to provide essential services. 
Answered on Aug 27th, 2021 at 10:43 AM

This response is for general informational purposes only. An attorney-client relationship is not being formed.

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