Evicting a Holdover Tenant

[Dan L.]

Hi all. Just looking to see if anybody could point me in the right direction.. Without me having to pay tons of money to a lawyer to do an eviction.

I bought this duplex in April in upstate New York. It had two tenants. Both paying way below market rent, but that's a different topic. Both leases expired a year or two ago. Upstairs people I got them on a lease, no problems, great tenants. Downstairs people, giving me, my workers, and the other tenant a hard time. They did not want to sign a lease. So, I am looking to have them move out. Gave them notice, waited the time period, and they did not move.

They continue to pay rent. They gave me a check for this month, but I am not cashing it. I want them gone.

New York state has an interactive legal document thing to make this supposedly easier. However, their website says the following.. and I am confused as to the difference between bringing a proceeding and starting a case. Anybody know the difference? Any other advice? Thanks

“This program is not for you. If the tenant has not given up possession of the premises, you can't bring a licensee holdover proceeding in court. You can start a holdover case against the tenant.”