Getting a Tenant to Leave
I have one tenant who is not on a lease (he declined to sign a lease when i asked him to). I would like him to vacate so I can rent his apartment out to friends in need. Any way to do this quickly without going to court?
I have one tenant who is not on a lease (he declined to sign a lease when i asked him to). I would like him to vacate so I can rent his apartment out to friends in need. Any way to do this quickly without going to court?
OP, please disregard some of the nastier comments here. A great site for good advice if you can filter out the occasional childishness.
One further suggestion, tell the tenant and give him WRITTEN notice that you’re giving 30 day’s notice at the same time. That way there’s no denying it. Explain that the language (google “ending month-to-month tenancy in New York City”) is legal (232-C I think) and so not personal.
He refused to sign a lease and therefore acknowledged that either party could leave with 30 days notice. A perfectly rational and ethical move on your part. Note, I think the 30 days applies to the next calendar month so if you hand them notice today they have 30 days from end of December – ie end of Jan. But please check.
Always good to be prepared for the worst but there’s a very good chance he’ll leave on their own accord. Try and keep it amicable, regardless of whether tenant’s behavior warrants that. Good luck,
hey lincolnlimestone, in another post you commented that you knew an excellent landlord/tenant lawyer, can you provide their contact info? what was your experience? what does it usually cost to evict someone and how long does it take?
I agree, don’t rent to friends. It is just too awkward. I loaned money to friends twice and both times regretted it and it strained friendship.
we rent to friends who “needed” an apartment. We asked the former problem tenants to leave and they finally did when we got firm with them. this arrangement has been absolutely wonderful for us and our friends. if your friends can afford the rent and you are all reasonable people, this can work quite well.
Its actually very very easy to evict someone without an attorney. Just go to the landlord tenant court in any borough (civil court, ask the guard what floor it is on), and ask for instructions on what to do. It will list step by step the things you need to do. The first time might be a little confusing, but its a piece of cake after that. Better than spending a few thousand dollars for a simpleton’s job.
Let’s hope their current landlord is “helping out a friend in need” too… and not that they are crappy tenants like the guy you’re kicking out.
If your friends are in a deregulated, free market rate apartment, their LL has every right NOT to give a reason and there is zero legal recourse. A smart LL would hang on to a good tenant for dear life, so there is an untold story as to why your friends are losing their place after only 1 year. You are hearing only one side of the story here (your friend’s) so be VERY careful, and think long an hard about what you are considering.
thanks for your answers. he is not a great tenant, pays his rent late almost every month, but i don’t think he will leave unless i take him to court. another question, related to my friends: do they have any legal option if their landlord refuses to renew their lease. have only lived in the place a year, no reason given as to why the landlord wants them to leave.
“So give him 30 days notice.”
Doesn’t mean he WILL leave.