I have a tenant lives upstairs. He has been living here for several years. Recently, I would like him to move out because I need upstair rooms for other purposes. He seems unwilling to move out after I talked to him several time. I gave him several months to move out and he does not care to go looking for other places. I have no lease with him since the old one expired several years agaon. He pays rent month by month and the rent is late sometimes. What is the worst situation here if he does not want to move out. I keep hearing that he will have to stay for at least 6-8 month if the case goes to the court. Thank You very much for your help!

You evict him according to NYC law - NYC Housing Court (http://www.courts.state.ny.us/courts/nyc/housing/eviction.shtml)

It doesn't take 6 to 8 months but even if it does if you want him out, that's what you'll have to do or he'll be in your house forever.

By law it will take you several months to kick him out! Your going to need to throw outrages parties for the next several weeks lol, good luck!

First you have to give him a formal written notice that you are terminating his tenancy. This has to be one full rental period so give him notice before the end of the month to be out by the end of October.

If he does not move out, then on Nov 1 you go to housing court and request an eviction order. Generally this order will be issued within 2-3 weeks. And you will have another week to serve it and get him out.