Tenant was served with a 30 day notice in ny and don't leave what is te next step.

Asked about 1 year ago - Brooklyn, NY

I want him out

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Start an eviction proceeding. Your best move will be to hire a landlord-tenant lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Peter J Weinman

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . First, I suggest you retain counsel and not do this yourself. That said, you have not provided enough information.

    Assuming it's a holdover and you had the tenant served by a licensed process server with a 30-day notice giving the tenant until the last day of the month following the month in which you served the notice, the next step is to purchase an index number and serve your petition and notice of petition.

    Without an attorney representing you, there are many pitfalls and you will most likely spend more money in the long-run, believe it or not.

    (1) I may be guessing. Do not act or rely upon this info; (2) We have not established an attorney-client... more
  3. Steven Warren Smollens

    Contributor Level 20

    3

    Lawyers agree

    Answered . Dear Brooklyn Landlord:

    If your tenant is a month to month tenant, and there is no rent regulation involved, and you did not serve the termination of tenancy, on your own, and you ended the tenancy on the last day of the month following the month when you gave the notice, the next step, if the tenant does not move out, is commencing a summary holdover proceeding.

    Read more here:

    http://www.courts.state.ny.us/COURTS/nyc/housin...

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  4. Yefim Rubinov

    Contributor Level 17

    2

    Lawyers agree

    Answered . you must commence an eviction proceeding in landlord/tenant court by filing a petition.

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