Tenant Hold Over In New York City

[Christian D.]

Looking to speak with an attorney who is seasoned with NYC rental laws. I have a 3-unit property, one of the apartments (3BR) is being rented out to individual tenants/rooms (SRO). It was structured like this when I purchased the property.

The 3 individuals initially agreed to vacate the premesis because they did not want to pay the new rental increase (they were on MTM individual room agreements/leases and I issued them a 30 day termination letter) -- 1/3 tenants is peacefully vacating like agreed upon.

The other 2 tenants however look like they are not. I just received a call from an attorney who is apparently representing them and it looks like they are trying to milk the process and go to court so they can reside in the apartment rent free for now.

I am anticipating hiring an attorney, but any insight would be appreciated.

[Karl Dowden]

Hi @Christian D.,

Unfortunately, it looks like you are in a situation where you will likely have to litigate against the two tenants and/or negotiate a settlement to regain possession. Depending on the exact situation (including the answer to the question @Anthony Rosa raised), the courts may or may not permit you to collect rent from the tenants while they are in possession. Please feel free to reach out to me directly if you would like to discuss in more detail.

Best of luck.

Karl