Can I evict a tenant without cause?

[romeo0o]

What is the name of your state (only U.S. law)? New York

I've been renting out a floor of my 2 family building to an elderly couple for some years now.

I might be needing that space in the near future. We don't have any sort of lease/rental contract.

Is this at all possible? And how would I go about doing it? I found different answers online and would like feedback from my go to site for free legal advice.

Thanks.

 

[Hot Topic]

What is the name of your state (only U.S. law)? New York

I've been renting out a floor of my 2 family building to an elderly couple for some years now.

I might be needing that space in the near future. We don't have any sort of lease/rental contract.

Is this at all possible? And how would I go about doing it? I found different answers online and would like feedback from my go to site for free legal advice.

Thanks.

The elderly couple are month to month tenants.

You need to give them proper notice that you won't be renewing the m-t-m.

The idea that you "might" be needing that space in the near future doesn't require them to pack their things and move tomorrow.

 

[Gail in Georgia]

OP, use the correct terminology.

You cannot "evict" anyone; only a court can grant an actual eviction.

Instead, you are "terminating" this month to month tenancy.

In the absence of a written lease, a tenant has a month to month lease (sometimes described as a "tenancy at will" in some states). If rent is paid on a monthly basis, the "lease" begins the first day of each month and terminates the last day of the same month, only to repeat itself UNLESS either party gives appropriate notice that this lease will not be renewed.

Attached are guidelines on how to do this (highlight month to month tenants)

NYC Rent Guidelines Board

Neither side needs to give a reason why this lease is being terminated.

Gail

 

[BL]

NYC or outside NYC .

The amount of notice depends on which .

MONTH-TO-MONTH TENANTS

Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law § 232-a and § 232-b.

 

[romeo0o]

Thanks for the help everybody. Very much appreciated.

We're in Brooklyn, New York.

I will most likely draft a written notice giving them at least 2 month's time.

Does it need to be notarized? Would mailing it certified mail or signature confirmation be ideal to prove they received such a notice? Or is handing it to them myself sufficient?

 

[BL]

Thanks for the help everybody. Very much appreciated.

We're in Brooklyn, New York.

I will most likely draft a written notice giving them at least 2 month's time.

Does it need to be notarized? Would mailing it certified mail or signature confirmation be ideal to prove they received such a notice? Or is handing it to them myself sufficient?

No notarization need .

Sent one regular mail and one RRR Certified .

If the certified comes back to you undelivered , do not open it in case you need it for proof in court .

Also keep a copy , make sure they are dated .

Hopefully 2 months will give them time.

One note" even if you end up in eviction court , a Judge may give them more time , so nothing is certain .

I've seen Judges give 3 months as long as the rent's kept up.

Oh and do not take any partial payments - meaning if the rent is not paid in full ,do not except it .

That would be grounds for eviction.