Why don't you just end his tenancy and tell him to move giving him 30 or 60 days written notice? whatever your state requires.So, when he wrote us a bad check we gave him a 14 day notice to move. He made good so we did not go any further.
Any issues with serving him another? he has no lease.
He has had no financial hardship due to Covid. He gets disability and Social Security.Here is a link to New York’s restrictions on lease terminations during COVID-19:
You typically can provide a no-lease month-to-month tenant with a written notice to quit (with 30 or 60 day move out date). You need no reason to end this type of tenancy, as long as you are not under other restrictions (like rent control, rent regulation) that can complicate lease termination.
You need to provide with the written notice a “hardship declaration” that an eligible tenant can use to (temporarily) prevent any eviction.
However, you have a problem with trying to end the tenancy after the tenant has filed a legal action against you. The tenant might claim the lease termination is in retaliation for the tenant’s right to seek legal recourse against a perceived wrong. You should speak to your lawyer before acting to terminate the tenancy.
Here is a link to New York’s retaliation law:
This is a difficult time to be a landlord.
The sister could quitclaim her interest in the property to your husband.One more question. I can start a new thread else where if you think it would be better.
The property in question is owned by my husband and his sister. For some reason his sister is NOT on the insurance policy. She is panicking, withdrew all her money from her bank. Will removing her from the deed keep her safe from a lawsuit? Quitclaim deed?
If no lawsuit has been filed, she can deed her interest in the property to your husband but that does not, again, prevent the tenant from naming her in a lawsuit.Since no lawsuit has been filed yet, I believe NY is a first recorder state, would that relieve her from any liability?
No. If she owned the property at the time of the incident, she's subject to suit. That she may have later divested herself of that interest doesn't change anything. It's like if you run over someone in your car. Selling or giving away the car doesn't get you off the hook.Will removing her from the deed keep her safe from a lawsuit? Quitclaim deed?
the ins company is om it. They will provide an attorney if needed.steffb, does your sister-in-law have any insurance?
Your husband needs to have his insurance agency review any claim but he and his sister could also be smart to seek out advice now from an attorney in their area.