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Roger, Attorney
Category: Legal
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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i have a teneant in new york state. I gave him a month lease

Resolved Question:

i have a teneant in new york state. I gave him a month lease and he didn't pay so i won't renew his lease. Since his lease has expired on jan 31. Can I get him removed from the property now that he has no lease instead of going through the eviction process. I believe he is now considered trespassing and a squatter. Let me know please thanks
Submitted: 7 years ago via RocketLawyer.
Category: Legal
Expert:  Roger replied 7 years ago.

He is considered a holdover tenant, and you will have to file a Holdover Proceeding against the tenant. This is a court action in which the landlord demands possession of the apartment and wants to evict you. A Holdover proceeding is brought against a tenant whether or not the tenant has paid rent.


If the lease has expired, no notice is required unless your lease indicate that some notice is due. You can simply file the action.

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