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What are my rights as a landlord to evict non-paying tenant with no lease.

Bronx, NY |

Tenant is a single mother with 3 children. 2 family dwelling, private house. Tenant refuses to communicate and has ignored all of Landllords attempt at a resolution. Rent is in arrears of 2 1/2 months.

Attorney Answers 4


You need to commence a case in housing court. The fact that she is a single mother with 3 children will not have much effect in court. I would recommend seeing an attorney to start a case as soon as possible.

The above is a general answer based on your question. Please feel free to call my office to set up an appointment (718) 792-1200.

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You may start an eviction or non-payment proceeding in Court. Consult an attorney to evaluate your options.

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Dear what are my rights?

Perhaps I might answer your question.

The tenant's status does not affect the type of proceeding you bring, although the tenant may have special access to homelessness prevention services because of the fact that her children will also lose their home without fault.

A nonpayment proceeding is initiated by making a legal rent demand and following through with a nonpayment summary proceeding.

The process is the same for all landlords in New York City. You gain a significant advantage when using an attorney to do the tasks required for a successful outcome.

Read more about a Housing Court nonpayment case in Bronx County at:

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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My colleagues are correct. Contact an attorney in your area to begin the process of evicting this tenant for non-payment of rent. There should not be any legal significance to the tenant being a single mother with three children.

On a practical level, you want to be proactive and begin the eviction process as soon as possible. The tenant already owes over two months of rent, and might never be able to resolve the arrears. You have financial obligations to meet (such as your property taxes and insurance) that rely on the tenant paying rent. If this tenant can't or won't pay you, you need to cut your losses and move on.

This communication is intended only to provide general information. This communication does not create an attorney-client relationship.

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