Needed Land lord legal advice in Suffolk County Long Island NY

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VNM PWRD

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We have tenants at our beach home and do not have a written lease with them and would like them to vacate does any one know our rights to evict them.

Cheers J.T.
 
any lease that is not on paper is month by month. This is how it is in Washington. I'm a licensed Real Estate Agent here.
best thing to do is to give the tenants a thirty day notice and see what they say.

Marius
 
VNM PWRD said:
We have tenants at our beach home and do not have a written lease with them and would like them to vacate does any one know our rights to evict them.

Cheers J.T.
Click to expand...
MONTH-TO-MONTH TENANTS

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)

In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)
 
Hi guys, it's Tania, JT"s wife. My 85 y.o. mother rented her property to "friend" of past renter.Her health took a turn for the worse and she needs her house back. We appealed to them in a friendly way and even offered to help find them a house. This week end, a third person, friend of both the current and past renter came to say that he wants to come to a win win." he hopes this won't go to court because they would have her audited" I thought that was a straight out threat. What do you think? I told him she is on the up and up and has nothing to hide. But what a " friend". He continued that we would have to compensate them $20,000 to $25,000. This sounds outrageous. There is no win win here.They do not have a written lease and they only payed for the two months they were here. They did voluntarily give my mom 12 checks which she only cashed two of. We explained to them that thisis not out of malice, it i is her health and that being friends we thought they would show some compassion. I received an email recapping all that the guy told me when he came put in the context that he and I discussed and agreed to the compensation. I replied that I have read his request and am reviewing it and will get back to him. He emailed back that he thought I agreed. I have not responded anymore. I would like to be able to sight him the codes that apply to him. I was told that any agreement that is not written is viewed by the court as month to month. Do you know what code states this?Should I send them a 30 day notice? or have an attorney do so? Since my mother's help requires her to be here now and we have been since January, and we have not cashd their Feb check and they only use this house occasionally, can you think of some way we can avoid moving out for a month. I heard they are busy in the City and then going to Europe. Thank you for your thoughts on this matter.
 
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Tell them they have 30 days to get out.. that seems only fair to them and you.
 
First of all... GET A LAWYER.... He/she is the ONLY person to help you in a situation like this. Second, have said lawyer write a 30 day eviction notice.... Third, NEVER.... EVER.... rent a home without a contract.

Good luck. :eek:
 
Black1 said:
First of all... GET A LAWYER.... He/she is the ONLY person to help you in a situation like this. Second, have said lawyer write a 30 day eviction notice.... Third, NEVER.... EVER.... rent a home without a contract.

Good luck. :eek:
Click to expand...

We will retain one before dinner time:D
 
We will be serving roasted Duck from the spit , fresh baked bread , mixed salad and bunch of great stuff that I cant have .... Diet ..... but i have lost 23 lbs since the new year:rock::rock:
 
Maybe my employer will help out. I will call him in the morning to see if his legal practice will help you in New York.:dontknow:

http://www.litigationbusters.com/

If New York is anything like LA California then this will be as simple as a 30 day notice to vacate followed by eviction action if nec. The eviction will/should only cost you $350 for a simple solution without going to trial.
 
After reading Tania's post, it sounds like he is threatening you. I would have the lawyer send the notice, and start working on harrassment charges, in case they try to get nasty with you! On what grounds does he think you owe him 25K!!!:eek:

Nothing like money to show you who your real friends are. :rolleyes:

I hope this works out for you.
 
JT... I think you may still have to go through an eviction process even though it was month to month. Since nothing is in writing, they can claim there was a verbal agreement for longer time and then comes squaters rights. They can at that point stay for free until they are evicted. I am not sure of what the law is but maybe talk to a local real estate broker. They may have info since they do rentals as well.
 
ntw0rk said:
Nothing like money to show you who your real friends are. :rolleyes:
Click to expand...

Bingo!

Never Judge a person's character during good times, because in bad times you will see what this person is really made of.

I have learned this lesson the hard way in the past 2 years. People I thought were my friends were only using me for their own gain. When I wouldn't let them use me anymore they turned on me like a cornered shake.

I'm sorry to have changed the subject somewhat, now back to the problem.


Bill.
 
Seems to me that you are in the right on all counts. You have a legitimate reason to ask them to leave and you have a legal basis. Get a lawyer and begin the eviction process. Hopefully they won't tear the place up on you just to be pricks.

Too bad it wasn't in Cali. Some friends and I have been known to help out with evictions, be surprised just how quickly and quietly they will go hehehehe.

Good luck.
 
Call Joemags.... ;)

He will have them out in no time and leave no trace of them ever existing. :goodnight:
 
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