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Landlord1 · Mar 20, 2015, 03:27 AM

Can a landlord evict a tenant due to a family hardship, requiring a family member to occupy the rental? I'm in New York State. Thank you

Fr_Chuck · Mar 20, 2015, 05:20 AM

Not enough information.

Is it an issue of too many people in residence? Is it a issue of the specific person not being allowed? Is it a HUD or government program and the new persons income will change the rental status?

I can think of a dozen reasons that a person not be allowed to move in, the hardship is not an issue in this unless there is a hardship clause in the lease (and I have never seen one)

Next whose hardship? the person who has the rental or the person who wants to move in?

Landlord1 · Mar 20, 2015, 05:43 AM

Let me reword my post. I the landlord, have a family member who has suffered a severe hardship. I want to evict a present tenant to allow my family member in the rental to allow recovery from his hardship.

joypulv · Mar 20, 2015, 06:07 AM

Do you have a written lease? Are you outside of the NYC metro area? How long has the tenant been there?

It takes a while to read NY State tenant/landlord law, which is very tenant friendly, and NYC even more so. Even after all that, and aside from law, you have a situation that calls for delicacy. You can give notice, evict, wait for a tenant to refuse to move, destroy the place, have to pay a sheriff to forcibly remove the tenant, sometimes even pay to store their belongings, or you can offer to pay the tenant to move - help them find a place, and pay the movers.

talaniman · Mar 20, 2015, 06:29 AM

Eviction without just cause to simply help a family member temporarily is the question right? I doubt that's even legal, and sets you up for some expensive damages also.

Landlord1 · Mar 20, 2015, 06:31 AM

I have an unusual situation. My renter has his employee live in the house. So I guess that can be considered sub-letting. My renter has had 2 of his employees live in the house over the last 4 years. I live outside of NYC. Oh, the renter does not live in the house. And, there is no lease agreement.

AK lawyer · Mar 20, 2015, 06:48 AM

Without a written lease, in most places you could evict a tenant-at-will like this without needing a reason to do so. As Joy has indicated, however New York may be different. I would consult an attorney to see if you can get away with giving the tenant written notice and, if the tenant doesn't vacate in the permitted time, evict.

talaniman · Mar 20, 2015, 07:05 AM

the renter does not live in the house. And, there is no lease agreement.

I think you have a case as long as you follow the law.

joypulv · Mar 20, 2015, 07:10 AM

The subletters are not even tenants, unless you have allowed them to be there 'too long' but most importantly, accepted rent directly from them. Too long is probably not defined under the law, but accepting rent from anyone in any state (as far as I know) is defined as making them a tenant.

Since you are not in a NYC borough, and have no lease, give all of them, including the original tenant, written notices to quit by midnight April 30, 2015, assuming the rental began on the first of a month. You don't need to say why. Just 'the tenancy-at-will (month to month) is hereby terminated.'
Follow up with eviction if needed. Don't worry about being nice, but don't be confrontational either. If you can do this in person, with a witness, all the better. If you don't know where the original tenant is, send it by certified mail to the apartment.

joypulv · Mar 20, 2015, 07:15 AM

Do you have a written lease? Are you outside of the NYC metro area? How long has the tenant been there?

It takes a while to read NY State tenant/landlord law. Even after all that, and aside from law, you have a situation that calls for delicacy. You can give notice, evict, wait for a tenant to refuse to move, destroy the place, have to pay a sheriff to forcibly remove the tenant, sometimes even pay to store their belongings, or you can offer to pay the tenant to move - help them find a place, and pay the movers.

[Actually need for a family member is a legal reason in many states, and in some states, the only reason that is not because of any negligence on the part of the renter.]

J_9 · Mar 20, 2015, 07:20 AM

I wouldn't do this in person, even with a witness. You need to create a paper trail. Everything should be done via Certified Mail - Return Receipt Requested, with another copy sent regular mail.

AK lawyer · Mar 20, 2015, 07:30 AM

Originally Posted by J_9

I wouldn't do this in person, even with a witness. You need to create a paper trail. Everything should be done via Certified Mail - Return Receipt Requested, with another copy sent regular mail.

Joypulv suggested a written notice to quit, but to serve it in person. I see nothing wrong with doing that, assuming that you don't get confrontational.

The advantage of doing it in personal with a witness would be that its better proof that the tenant got actual written notice. A process server might be better than serving the notice oneself.

I've never agreed with the practice of sending something certified, with another copy by regular mail. The idea is that (if the person refuses the certified mail), at least he or she will know what was in it. But you don't really care: the important thing is to give a written notice, not to be sure that he or she knows what the notice says.

J_9 · Mar 20, 2015, 07:35 AM

I'm not certain about NY, bit in MI where I was a paralegal, CMRRR, was considered proper legal service and that receipt filed with the court as such, thus becoming a legal document on the docket.

The problem with serving in person, if not using a process server, it becomes a case of he said/she said if the tenant even answers the door. Witnesses can be unreliable as well.

Landlord1 · Mar 20, 2015, 07:44 AM

Originally Posted by AK lawyer

Joypulv suggested a written notice to quit, but to serve it in person. I see nothing wrong with doing that, assuming that you don't get confrontational.

The advantage of doing it in personal with a witness would be that its better proof that the tenant got actual written notice. A process server might be better than serving the notice oneself.

I've never agreed with the practice of sending something certified, with another copy by regular mail. The idea is that (if the person refuses the certified mail), at least he or she will know what was in it. But you don't really care: the important thing is to give a written notice, not to be sure that he or she knows what the notice says.

I thank all of you for your input. Apparently, I will have to get an attorney. I was hoping for a "Sure, throw'em out and move right in"! Lol

J_9 · Mar 20, 2015, 07:48 AM

Since there is no lease, they are month-to-month tenants. You, dependent on local laws, serve them with a written notice to vacate. If they don't vacate in the legal time, you then go to court for a formal eviction.

joypulv · Mar 20, 2015, 08:04 AM

I wouldn't pay a lawyer unless the first part, the written notice to quit, doesn't appear to be working. Only you know what kind of people you are dealing with.

AK lawyer · Mar 20, 2015, 08:51 AM

Originally Posted by J_9

I'm not certain about NY, bit in MI where I was a paralegal, CMRRR, was considered proper legal service and that receipt filed with the court as such, thus becoming a legal document on the docket. ...

At the notice to quit stage, there is not yet any court case in which to file proof of service. And, since a notice to quit is not service of process (formal notice that a court case has been filed), CMRRR (certified mail, return receipt requested) is not required, although it would be a good idea.

ScottGem · Mar 21, 2015, 07:18 AM

Originally Posted by Landlord1

I thank all of you for your input. Apparently, I will have to get an attorney. I was hoping for a "Sure, throw'em out and move right in"! Lol

No, you cannot throw them out and move in. That would constitute an illegal eviction and open you for a lawsuit. You have to follow the law. But this can be done without an attorney.

You serve the tenant a written notice to vacate by April 30th (that's the earliest date according to NYS law). Mail a copy to the house addressed to occupant.

If they don't vacate by 4/30, then you have to go local housing court and file for an eviction order. A hearing will be scheduled where, most likely, an eviction order will be issued. But most likely the vacate notice will be sufficient.

joypulv · Mar 21, 2015, 07:46 AM

I thought I said all this....

Fr_Chuck · Mar 22, 2015, 12:37 AM

I will ask a silly question. Why can he not merely take the money he gets from the rent, and give that money to the family member in need, to help them rent somewhere. That way, he is not evicting a longer term tenant for no just reason.

Also, having done this myself, I have never, and I mean never, helped a family member, given them low or free rent, that it has not ended terrible. I find, they never seem to find work, never want to move, and then blame me, when I get tired of them living there free.

That temp help could be years, and if they do damage to property, you are getting no rent from them, and still have to keep up all repairs.