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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 27682
Experience:  Attorney
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I have a house I rent.The basement apartment tenant will not

Customer Question

I have a house I rent.The basement apartment tenant will not get out.The atturney I closed the house with advised me to send a eviction notice the on the 24th 25th or 26th of this month stating tenent must vacate by June 30th.Police suggested going to
the 6th district court in patchogue and sending a notice of petition.What do you think?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.
Hi,
I'm Lucy, and I'd be happy to answer your questions today.
What state are you in?
You mentioned a closing - did you sell the rental house? Has title already transferred? Did you give the tenant notice that he'd have to leave (and if so, when)? Or was the tenant there when you bought the house?
Does he have a lease?
Customer: replied 1 year ago.
Suffolk County NY The house is rented both upstairs and basement(not legal) No notice given yet.lease is month to month.
Expert:  Lucy, Esq. replied 1 year ago.
Thank you.
If the tenant has a month to month lease, then he's legally entitled to one month's notice to vacate given before the end of the month. If you give the notice before the end of May, as your attorney suggested, you can ask him to leave as of June 30.
One of the requirements to evict someone is that you can show proper notice to vacate was given. The court wouldn't order the tenant to leave unless you could produce that notice.
If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.
Customer: replied 1 year ago.
What If I send a eviction notice registered main and tenant refuses to sign for it ? Do I need an attourney if it goes to court?
Expert:  Lucy, Esq. replied 1 year ago.
Eviction notices don't need to be sent via registered mail. Any adult can personally hand it to the tenant (or place it at his feet if he refuses to take it). Or you can send it via regular first-class mail and post a copy on the door.
You're not required to hire a lawyer if it goes to court, but you can if you want. You're not allowed to charge the tenant for your lawyer's fees.