Notice of Petition
Dear Sir & Madam,
I owned a 2-family house and there is no lease agreement with tenants.
If I want my tenant to move out and the reason is I want to keep the apartment for personal use. Does the tenant has any defense not to pay rent & refuse to move although she has a job? If I have to bring her to court when she stop paying rent, is it a long process to get her out?
I heard that I have to send a notice of petition to the tenant 30 days in advance, what is a notice of petition?
Many thanks.
Joe
Re: Notice of Petition
Joe:
If you look at my past responses, or for that matter, the past responses for most other attorneys, we have reviewed this matter ad nausium.
Anyway, as a month to month tenant you have the right to terminate the lease upon a 30 day notice. The notice must be a “full month” not just 30 days. So for example, if you want the lease to terminate in November, the notice must be delivered on or before October 30, 2002, informing the tenant that her lease expires on November 30, 2002. If the apartment is in NYC the notice must be served in the same manner as a summons.
You shouldn’t take rent for November. However, that does not mean that she does not have to pay you. You are entitled to use and occupancy of the apartment.
After the 30 days if she still has not vacated the apartment, you have to commence a landlord-tenant action by service of a notice of petition and petition. This is basically a Court action. The relief that you would seek is rent owed (if unpaid) together with a Judgment of Possession and Warrant of Eviction.
Mike
Michael Markowitz
Michael A. Markowitz, PC
1553 Broadway
Hewlett, NY 11557