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    nysreapp's Avatar
    nysreapp Posts: 2, Reputation: 1
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    #1

    Apr 15, 2008, 06:57 PM
    Eviction process
    Can anyone tell me if the laws are different for evicting a tenant out of an owner occupied two unit in NY.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 15, 2008, 07:11 PM
    The only differences at times are rules if the landlord owns over a certain amount of rentals, but that normally does not change the procedure, only requirements on landlords.
    Also it can differ if this is a rent controlled unit.

    But why do they want to evict, non payment, breaking lease or so what
    nysreapp's Avatar
    nysreapp Posts: 2, Reputation: 1
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    #3

    Apr 15, 2008, 07:17 PM
    Quote Originally Posted by nysreapp
    can anyone tell me if the laws are different for evicting a tenant out of an owner occupied two unit in NY.
    Non payment and allowing other people to live in unit without landlords permission. They haven't paid in 2 months now
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 15, 2008, 07:24 PM
    If you have not evicted before ( assuming you are the landlord) I would hire an attorney to do the notice letter and the formal filing paperwork, I know you can do it yourself, but NY can be a little pro renter at times, and you can reuse the same paper work once an attorney draws it up on the next tenant,

    Also there should be forms available on places like LegalZoom: Online Legal Document Services: LLC,Divorce,Wills,Incorporation & More or other similar legal forms sites.

    My only suggestion, don't let it ever go two months again, start after they are late on that first month.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 16, 2008, 07:08 AM
    Quote Originally Posted by nysreapp
    can anyone tell me if the laws are different for evicting a tenant out of an owner occupied two unit in NY.

    No, laws are the same (as Fr Chuck said, assuming it's not rent controlled) as long as the unit is legal.

    I know rumor is that NYS is pro-tenant; I have never had a problem (I'm a landlord) but maybe people aren't aware of the process and their mistakes cost them - ?

    You can also always hire an Attorney to handle it.
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