lease termination
I have with my tenant one year written lease agreement for condo apartment from November, 1 2000 to October, 31 2001. Then verbally I let her stay ….We did not sign any agreements more.
Now I placed on market my condo and gave her 30 day notice. She does not want to vacate my property untill October 31, 2006.
Re: lease termination
You need to sue the tenant in a holdover proceeding. It can get tricky if the tenant has kids or other circumstances that would give her more time to move out.
Allen Kaplun
Law Office of Allen Kaplun, P.C.
501 Fifth Avenue, 3rd Floor
New York, NY 10017
Re: lease termination
In effect your tenant currently has a month-to-month lease. You need to give the tenant written notice of termination with at least 30 days prior notice and you cannot collect further rent, as each time you collect rent you create a new month term for your leasehold.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Stephen Loeb
Law Office of Stephen R. Loeb
75 Maiden Lane, Suite 339
New York, NY 10038
Re: lease termination
I concur with the comments of the other attorneys. To summarize, you must give “statutory notice” to the tenant. If the tenant thereafter fails to vacate the property, you may then initiate an eviction proceeding.
John O’Donnell
Attorney at Law
350 Fifth Avenue, Suite 3304
New York, NY 10118
Re: lease termination
Depending on the type of notice you served on the tenant, you may still be required to serve a proper 30 Day Notice to Vacate. You are dealing with a monthly tenancy and there are specific statutes that must be followed for a proper eviction if tenant refuses to leave. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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STEVEN J. CZIK, P.C.
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