Can landlord evict me for holding over after lease expires?

Full question:

I am living in a rented house in New York. Per the mutual agreement between me and my landlord, I rented the house on a monthly basis. Can my landlord remove me from the rental premises for occupying the rented house beyond the duration agreed between me and my landlord?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: New York

Answer:

In New York, a monthly tenant may be removed from the rental premises for holding the rental property beyond his term, after giving notice of removal at least thirty days before the expiration of the term of tenancy.

NY CLS Real P § 232-a reads:

“No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to terminate the tenancy and that unless the tenant removes from such premises on the day on which his term expires the landlord will commence summary proceedings under the statute to remove such tenant therefrom.”

In the given instance, as you are a monthly tenant, you may be removed from the rental premises for holding the rental property beyond the term. 

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In New York, a guest can typically stay for a few days to a couple of weeks without being added to the lease. However, if they stay longer, they may be considered a tenant, which could require the landlord's approval. It's best to check your lease agreement and consult with your landlord to avoid any potential issues.