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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19471
Experience:  B.A.; M.B.A.; J.D.
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One of my tenant in five family and office building,,,change

Customer Question

one of my tenant in five family and office building,,,change the lock since last three years
never gave me keys,,,most of the time left window open, which cause leak in the lower
apartment....many time left water over flow in the bath room, causing leak,,asked him many
time to let me have key to repair,,,after two years left message on his answering meshine
that rent will be raise $ 100,00 A MONTH....never pay me raise,,,always left check in my
mail box,,since last sixteen month,,,hard to see him,,never return my call...make complaint
to HPD... most of the time complanit was closed,,,,no voilation was found,,,,he messed up
some walls, take out battery from smoke detective..I, fix it,,He owned me more than 3500
which included two month rent,,have deposit,,,want throw him out,,,HOW, HOW LONG AND HOW MUCH WILL COST....
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 2 years ago.

There are two types of eviction in New York: one is for nonpayment and the other one is a holdover case. You use a holdover proceeding if you just want the Tenant to move out because the Tenant is causing trouble and you no longer want the Tenant on your property. However, if you want to evict the Tenant for non-payment of rent, then you would use a nonpayment proceeding. For detailed information on each proceeding click on the links below:

General Info on Nonpayment and Holdover case:

NY Court Help and New York Court Help 2

Nonpayment case

Holdover case

As for the costs, it would depend on the facts in your case, how nasty the opposing side could get, and if you are going to have an Attorney to assist you. Each Attorney sets his or her fees depending on scope of services. You can use the following sites to find local Attorneys who handle Landlord and Tenant issues.