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:
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.
This e-mail may contain confidential or privileged information. If you are
not the intended recipient, please notify the sender immediately by return
e-mail and delete this e-mail and all copies and attachments. If you are not
the intended recipient, or the employee or agent responsible for delivering
the message to the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly
IRS Circular 230 Notice: Unless specifically stated otherwise, any tax
advice contained in this communication (including any attachments) is not
intended or written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or matter
Unless specifically stated otherwise, this communication shall not be deemed
to be legal or tax advice, and no attorney-client relationship shall be
deemed to have been created.