You rented the apartment. You wrote the lease. Follow the notice provisions of the lease to set in motion the default terms and serve a notice to cure if required by the lease and a follow up termination notice if the tenant does not cure. If the lease provides for termination without an advance notice due to conduct that may be established as a nuisance or as objectionable conduct, then follow the lease provisions that provide for an acceleration of the end of the term of the lease. If the tenant remains in possession after the expiration of the tenancy, you may commence your summary holdover proceeding.
If you do not feel comfortable about the legal process, then hire an attorney to protect your rights as a landlord in New York City.
Read more about the process involved in an owner's Housing Court case 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.
Your focus should be on the Real Property Law, the Real Property Actions & Proceedings Law and the lease (if there is one). If you want this tenant to move out, you should hire an attorney for help. Discuss your case in a confidential setting and get advice tailored directly to your situation.
This communication is intended only to provide general information. No attorney-client relationship is created.
Illegal immigrant? if you want to go that route you should be sure that you have no skeletons. Don't cast stones. Keep it a landlord tenant matter as discussed by Mr. Smollens.
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