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I rent my apt. My son has been living with me rent free for…

Customer Question
I rent my apt...

I rent my apt. My son has been living with me rent free for more than 3 years. I want to serve an eviction notice on him to force him to leave apt

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NYC

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Are you a real live human being

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 13 minutes by:
5/29/2018
Real Estate Lawyer: Bill Attorney, Lawyer replied 2 months ago
Bill Attorney
Category: Real Estate Law
Satisfied Customers: 2,820
Experience: Attorney
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Dear Customer ,

Thank You for posting your landlord-tenant law question today. I'm attorney Bill assisting you with this matter.

To evict your son you can provide him a 10/30 day notice period under the law as he isn't paying any rent or without a fixed term lease agreement.

a 10 day notice for a licensee or a 30 day notice for a month to month tenant.

"232-a. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom."

If he fails to vacate within 10/ 30 days you can start evictions at your local housing court.

You will be allow to charge rent after 10/30 days for him holding over.

Information about the notice to quit is obtainable here:

https://www.nycourts.gov/courthelp/Homes/holdoverNotices.shtml

Here is a 10 day notice:

https://evictionnotice.com/ny/new-york-10-day-notice-to-comply-or-quit/

We are here to help so please follow up with me as required.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 2 months ago
Thanks. Are you in NYC?
Real Estate Lawyer: Bill Attorney, Lawyer replied 2 months ago

This is a legal information only website so you will need to contact another attorney if you need to file an eviction.

The notice to vacate in most cases suffices but obviously not in all.

Here is s guide to the housing court court if you need to file an eviction which you can do without an attorney:

https://nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf

Just a reminder to a positive rating gives me a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 2 months ago
Are you in NYC????
Real Estate Lawyer: Bill Attorney, Lawyer replied 2 months ago

Sorry this is personal information I'm here to answer your legal question and do not take clients through this website in any case per terms and conditions.

You will need to contact a local attorney if you wish representation in this matter.

Just a reminder to a positive rating gives me a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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Customer reply replied 2 months ago
Can you recommend a cheap local lawyer for me?
Real Estate Lawyer: Bill Attorney, Lawyer replied 2 months ago

The State bar offers a lawyer referral service to put you in touch with a local attorney:

http://www.nycbar.org/get-legal-help/

There are also a number of internet directories such as the following:

https://www.avvo.com/landlord-tenant-lawyer/ny/new_york.html

I see you have yet to leave positive feedback.

Just a reminder to a positive rating gives me a credit for my time.

FIVE STARS or your rating is much appreciated in this regard.

Thanks

Attorney Bill

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