Skip to main content

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

Brooklyn, NY |
Attorney answers 4


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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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 relationship; and (3) If you insist I tell you something upon which you can actually rely: don't eat yellow snow.


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


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:

Good luck.

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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer