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    In New York If There Is No Lease. Can You Evict A Tenant If They Haven't Paid Rent?

    I am a landlord and the tenant has been living there for three years. She has been late on rent and is behind one months rent now. She was assisted by welfare with her rent. She is losing her assistant and has not paid rent. When she moved in I told her that the furnace was not working and I would have it fixed. She declined that I fix it and said she would use other means to heat the house.

    asked 1 year ago

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    I think you have squatters rights. And they would have to evict you through the court system in order to get you out. Or they might send a hit squad to rough you up and get you out that way.

    answered 1 year ago   

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      In general I think you as an owner can evict a tenant if they haven't paid rent but before you do that, you must give them a thirty days notice after maybe 15 or 30days late.I could be wrong but It's pretty much common sense...=)GL

      answered 1 year ago   

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      In New York, a working heating system is an obligation, a basis requirement for conditions to be provided for habitability. Your stating that it wasn't in working order will be possibly used against any argument for eviction that you could present.
      You should have contacted the NYS agency providing assistance to the tenant. Payments would have been mailed directly to you towards the rent.
      You will have to start a formal eviction action with the city that your property is located in. It may take months! You do not have the right to turn off any services to the apartment for any reason. Your access to the property is limited to emergencies such as water, smoke or other major conditions which might lead to damage to the building. You may also enter the space should your signed lease state an advanced notice might be served to the tenant for a certain number of days. You are not in the best of position for an eviction. The system protects the renters "home" especially if there are minors in residence. Tip Toe towards a legal solution and stay within the law...or the tenant made be there a long time without paying a penny to you!

      answered 12 months ago   

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