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GiGi B · May 25, 2014, 08:48 AM

My mother recently passed away leaving behind three borders in her single family residence. The petition for Letters of Admin. Is filed, and we are not collecting and rents from those occupants meanwhile.

We need to put the house up for sale as soon as the Surrogate appoints the Admin. but have no idea how to evict these people in a situation like this.

We don't want any rental money from them, we just want them to leave so that we can sell the property and settle her debts.

Where can I find the answer for this particular "rental" situation? What forms do I need? I understand the general process, but none of the forms seem right for this type of eviction.

GiGi B · May 25, 2014, 08:51 AM

Sorry for the omission, this is in New York State.

ScottGem · May 25, 2014, 10:34 AM

I assume these boarders don't have a long term lease. You give them a written notice to vacate of 1 rental period. This means if rent was due on the 1st, then you need to give them 30 days notice prior to the first of a month. New York Eviction

You don't say why you aren't collecting rent, but if you give them a 3 day pay or quit, they can just pay in full. Why do you think this is a special type of eviction? They are tenants in the property. I don't believe NYS makes a special provision for boarders. So I don't see anything unusual.

On the other hand, why the hurry? You can still be showing the house while they are there. Once a buyer makes an offer, they will have time to move out then.