OT: NYS eviction laws- anyone an expert?

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Newreeflady

New member
I'm trying to figure out my legal rights. I am trying to evict a tenant (I hold the main lease and am subleasing a room to him.) The tenant has not occupied the property for even 30 days yet (moved in on Aug 15) and has violated a condition of the contract (noise late at night, there was a domestic dispute). I had a friend staying the night and she witnessed this event as well. I gave him a 30 day notice, but he is now trying to say that I can't evict him. Honestly, in all the reading I've done for NYS tenant rights, I just can't figure out what's what. I think I might have to get someone to help me to serve another notice? I left him a notice at his door & sent it by email. I also gave it verbally in front of my friend the morning after the incident. Still, I'm unclear as to whether this is good enough.

Our contract was for 1 year, but since he has violated the terms of the contract, I would expect that it is grounds for termination, no? Please help!

-A
 
verbal notice isn't going to cut it. document ,document,document. my parents always have someone serve evict notice. court's tend to side with tennants
 
California is even worse. Ever see the movie Pacific Heights???? Yeah.....San Francisco. Not very far from the truth.
 
Needs to be served. Then realistically 90 days of back and forth. Considering what the court deals with, if he is paying you likely have little recourse.

I could share stories of trying to evict people (parents own quite a few rentals)- unfortunately the words required aren't appropriate for this site.
 
Make his life miserable, Enough so that he will be glad to leave! There is no law say's you have to be a good or quiet landlord. Make it Cold or Hot or noisey when he wants to sleep, Bad smells are another annoyence and I could go on and on. Also Don't cash his checks for rent and he won't have any proof that he has paid the rent!
There are way's to get them out because the law is not going to help you! JMO
Bill
 
can't do that here in NY. Read the above info on the site. The tenant can come back and sue the landlord.
 
Well, I got him to sign a statement/contract addendum saying he has received the notice to vacate and that his move-out date is on October 1. How legal is this? Do I still need to be concerned and take further action? He seems angry and potentially emotionally unstable and I'm concerned that he'll change his mind, and I'm even concerned for my own safety, however unreasonable that is (he is a strong man, afterall, and me just a small woman.)

Thanks again for helping...
Angela
 
When did you serve the 30 day notice? It has to be on or before the 1st of the month so if it was not before then the judge will just throw it out once it goes to court. It really depends on the court you have to deal with but here in Elmira any one with interest in the property can not serve the paperwork. My best advice would be to go to your court clerks office and talk with them. They will know the proper route you should take. If you have any other questions shoot me a pm. My family owns a business with a couple hundred rental properties both residential and commercial so if its not something I can answer I could get the answer with just a phone call.
Matt
 
Well, I think I'm just going to let it settle out- I gave him a date, he signed a paper, even if it is not perhaps a pertinent document in the end I'm hoping he will hold to his word- this is an uncomfortable situation for both of us, I'm honestly not sure why he would want to drag it out. If he does not leave the property by the 1st, I will have to go further with it and do like you said, have the document "properly" delivered, prove guilt, etc... but until then I'm just going to hope that he'll be human about it. I'm uncomfortable with the situation he put me in, and at this point our relationship is irreparable. If he stays, it will potentially be a longer process, but in that case giving him until October 1st is probably not the most horrible thing I could do (perhaps he was serious about leaving by the 1st, even though he's angry, due to the uncomfortable situation??)

Thanks so much for the offer of help.:) I might eventually have some questions for you about it.
 
this is confusing but it sounds like he is subletting a room from you. if so you don't have any right to evict the way a landlord would. do you own the property? are we talking about a legal apartment, or just a room? is he your roommate?

even if you are actually the landlord, eviction seems harsh after what you described. I don't know all the details but people get in arguments and if it's only a one-time thing a benefit of the doubt may be in order. my two cents.
 
Flanders said:
this is confusing but it sounds like he is subletting a room from you. if so you don't have any right to evict the way a landlord would. do you own the property? are we talking about a legal apartment, or just a room? is he your roommate?

even if you are actually the landlord, eviction seems harsh after what you described. I don't know all the details but people get in arguments and if it's only a one-time thing a benefit of the doubt may be in order. my two cents.
Click to expand...

Regardless of how you see the situation, I am the one who has to live there and I'm not comfortable with it. This isn't a post asking for an opinion of who is in the right or wrong you will notice;)

It is subletting, I do not own the property.
 
Sorry. Totally understand.

You're going to need to enlist the help of your landlord unless he agrees to move out. Good luck! Hopefully he'll just leave.
 
Good luck getting him out. My uncle owns several rental properties and has told me that in NYS it is next to impossible to evict a tenant. The stories he has told me are absolute horrors. The fact that a judge sides with a tenant in most cases seems absolutely ridiculous to me. The time and money he has spent evicting tenants makes it almost seem like it would have been better to just let them stay.
 
Flanders said:
Sorry. Totally understand.

You're going to need to enlist the help of your landlord unless he agrees to move out. Good luck! Hopefully he'll just leave.
Click to expand...

That's OK. I would side with him if I heard it the way you are hearing it as well. I don't want to go farther into it on a public forum, but suffice it to say that I'm concerned for his mental health.
 
ugh...so...if you didn't use the proper channels to permit the tenant to live there, would it be accurate to say that he is "illegally" living there and you could use that card? Or reporting this would put you in some type of legal issue?
 
actually the problem is that being that its an illegal sublet it means the lease is null and void which is basically meaning they are considered more of a room mate than a tenant. Unless laws have changed since I worked in the rental stuff. its going to be very hard to get him out. And the other problem is being that your not supposed to sublet you yourself can get in a ton of trouble with the landlord and the court system if it ever came to that. I really hope he just leaves peacefully for your sake as courts always side with tenants but an illegal sublet is also very serious as well
 
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