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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 53666
Experience:  Lawyer; developer/owner of RE developments.
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My tenant lease expired Dec.31 2015. I did not resign tenant

Customer Question

My tenant lease expired Dec.31 2015. I did not resign tenant because of non payment and poor condition of property. Took tenant to court got a "one shot deal' from social service for months owed. Current month unpaid and no lease or access to property. how do I proceed. Staten Island.
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 6 months ago.
Good morning. My name is ***** ***** I look forward to helping you. Unfortunately, if he will not leave voluntarily, you do need to go through the legal process to avoid being accused of an illegal eviction. Since he is in default for non-payment, under NY law, you will need to give a 3-Day Notice to Quit...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition with the housing court for an eviction order. Once that is can have the sheriff evict your tenant forcibly. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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