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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35390
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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Saw this apartment, wanted to understand my rights as the

Customer Question

Hi There, saw this apartment for sale, wanted to understand my rights as the co-op owner to evict the tenants legally. http://streeteasy.com/building/46-west-71-street-manhattan/2a
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 4 months ago.

Good afternoon William,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The unit you are looking at is Rent Stabilized and even if you buy the unit you probably will not be able to evict the tenants immediately. NY law requires the following should you wish to move into the unit yourself as the owner:

An owner may refuse to renew a rent stabilized tenant’s lease in NYC because the owner wants the apartment for personal use and occupancy as a primary residence for the owner or a member of the owner's immediate family. Under the Rent Stabilization Law, an owner may begin an eviction proceeding when the current lease expires, but only after the tenant is given written notice that the lease will not be renewed. This notice must be served at least 90 and not more than 150 days before the current lease term expires.

Also be aware that if the tenants have lived in the unit more than 20 years, or if any of the tenants are 62 or older or legally disabled, then you will not be able to evict them regardless of your ownership. So, you must be sure to inquire as to the age of the tenants, the time they have been there as well as whether any of the tenants are legally disabled.

So, you will need to determine when the tenant's present lease expires and once you are the owner, you will give written notice of the termination of the tenancy in accordance with the law.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 4 months ago.

Good afternoon William,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 4 months ago.

Hi,

Is there anything else I can assist you with?

Doug

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