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How long does an expired lease holdover eviction take

NYC Housing Court Practice/Procedures

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How long does an expired lease holdover eviction take

Postby iamborednyc » Thu Oct 28, 2010 7:56 am

I have a sub-tenant who refuses to leave even though the lease expires on October 31st. She said she just needs the place for another month or two and if I have any problems with that I can contact her lawyer.

I told her that I'm not accepting her rent and will be evicting her.

So, how long does this take? I sort of need my place back so I don't have to stay in a hotel.
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Postby NYHawk » Thu Oct 28, 2010 8:59 am

In your other post you claim that the sub-tenant was a "he", now you claim the sub-tenant is a "she". Smells like a phony story.

http://tenant.net/phpBB2/viewtopic.php?t=8981

If you can afford $30,000.00 a month you can afford a lawyer.

In any event, this board does not help anyone evict anyone.

Please go away.
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Postby TenantNet » Thu Oct 28, 2010 9:54 am

As NYHawk said, this is a duplicate of your other post at http://tenant.net/phpBB2/viewtopic.php?t=8981

I believe you do need to give notice to the sub-tenant. A month-to-month tenant should get a 30-day notice and a licensee gets a 10-day notice. Your own attorney can tell you what is a proper notice.

To get an eviction, you do need to go to court, and yes, it could take a few months depending on many factors. If they have been in occupancy more than 30 days, they are covered by the Illegal Eviction Law, so don't take matters into your own hands.

And while rents are too damn high, if you can't find an apartment for six people at a MUCH lower rate, then you're just too lazy.
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Postby iamborednyc » Thu Oct 28, 2010 10:59 am

he/she whatever.. its a family

a nice 5,000 - 6,000 square foot place costs about $30k/mo in a decent part of the city..

Obviously I have an attorney, but attorneys never give practical answers. I was just curious if anyone could give me a real answer, like 'it takes 2 months on average', for example

NYHawk, your statement is ridiculous.. it's not as if I'm a greedy landlord. This is my place where my family lives, and someone who I trusted to only stay for 3 months is refusing to leave, effectively leaving me homeless/on the street, probably having to pay for a hotel.

The laws are way too tenant biased and unfair. In these sort of cases, I believe I am the victim, not the tenant. I'm left helpless while he can stay in my place rent free for 2 months when I have no where to live.
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Postby TenantNet » Thu Oct 28, 2010 12:48 pm

No one is suggesting you're a landlord. And if you're paying a lawyer and not getting answers, then change lawyers.

Using the 1/3rd of income for rent rule of thumb, your $360,000 yearly rent bill could mean you have an income of one million or more.

There are families of six living in hovels of 500 SF. Many are getting evicted because of all the luxury housing going up in "decent" parts of the city, or where people buy entire tenement buildings kicking out up to 20 families only so that they can get their suburban McMansion in the city. That's what this site is about.

I grew up in a suburban house of 2400 SF with a family of seven. No one ever thought that was too small.

Take your friend, let him live in 2,000 SF and you can have 4,000 SF. Even then, your space "needs" are ridiculous.
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