Quote:
Originally Posted by theresa70
there's no longer a lease. does that matter?
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In general: When a lease expires and tenants stay on, they become month-to-month holdover tenants. If you want them to vacate, you must give them 30 days' legal notice (no reason necessary).
Legal backup:
-- NY Real Property Law § 232-c says that when a tenant “whose term is longer than one month” stays on after the term has expired, the landlord can either evict (via legal proceeding) or accept rent. If landlord accepts rent despite lack of new lease, the holdover tenant becomes an _implied month-to-month_ tenant.
-- NY RPL § 232-a says that “to terminate monthly tenancy or tenancy from month to month in the city of New York,” landlord must give 30 days’ written notice that he-she is terminating and that unless the tenant moves by X day, "the landlord will commence summary proceedings."
-- You must do this via the legal route ... not informally, or via a note that says "please move by X date."
That's because RPL § 232-a also says that notice must be given "in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law."
And if you're in NYC: NYC Admin Code § 26-521 says that if a someone has a lease _or_ has "lawfully occupied the dwelling unit for thirty consecutive days," a landlord can evict only via warrant of eviction -- not by threats, cutting services, or other unpleasantness (though it's pretty obvious that you wouldn't do that!).
But you must see an attorney before doing anything _whatsoever_, since this and your conversion-correction are part of the same "package," and there might be other details involved.