Sales of Property and Status of Tenants in New York State

It’s a seller’s market here in New York. But for a landlord looking to unload a property, a problem

tenant can get in the way of a successful sale.

It’s important to know the steps to take, and the laws surrounding what you can (and can’t) do to get

tenacious tenants to leave.

How Much Notice Do You Have to Give Tenants?

With a fixed-term lease, unless you have a reason for asking your tenant to leave, you must wait until the

lease expires.

However, with month-to-month tenants, you must follow these timelines when giving notice:

• 30 days for tenants who have lived at the property for one year
• 60 days for tenants who have lived on the property for more than one and less than two years
• 90 days for tenants who have lived on the property for over two years

How Do You Get Tenants to Leave the Property?

You must give tenants sufficient notice, per the guidelines above, before you expect them to move out. Landlords cannot force their tenants to leave the property, and if you plan to terminate your tenant’s lease early, you must have a reason for it.

If your tenant fails to leave the premises, then you can file an eviction lawsuit, and a sheriff will remove

your tenant.

Are There Rules to Showing a Home While Tenants Live There?

When showing a home while the tenant still lives there, you can’t knock on their door at the last minute

and demand to enter the space.

You must make sure you show the home at a reasonable time of day. You must also give at least 24

hours’ notice, so the tenant has time to make arrangements to leave the property.

How Can DDC Law Work with You?

DDC Law Firm has 60 years of experience with laws regarding sales of property and status of tenants in New York State. Our Staten Island real estate attorneys can help you understand your rights as a landlord.

Call us today at (718) 667-1301 or contact us online to request a consultation.