Can I tell tenants to vacate if they dont have a lease?

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Can I tell tenants to vacate if they dont have a lease?

I have a 3 family house that Im selling but the
buyer wants it empty by closing. I have two
tenants with no lease. Can I give them notice
that they have to vacate?

Asked on July 20, 2018 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can give them notice since they are what the law calls "month-to-month tenants". This means that upon 30 days written notice, they can be asked to vacate. Note, however, if they fail to leave the premises by the end of 30 days, then you must file for an "unlawful detainer" action (i.e. eviction). Do not try any self-help measures to get them out. If you do, you could find yourself on the wrong side of a lawsuit for unlwful eviction.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can give them notice since they are what the law calls "month-to-month tenants". This means that upon 30 days written notice, they can be asked to vacate. Note, however, if they fail to leave the premises by the end of 30 days, then you must file for an "unlawful detainer" action (i.e. eviction). Do not try any self-help measures to get them out. If you do, you could find yourself on the wrong side of a lawsuit for unlwful eviction.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can give them notice since they are what the law calls "month-to-month tenants". This means that upon 30 days written notice, they can be asked to vacate. Note, however, if they fail to leave the premises by the end of 30 days, then you must file for an "unlawful detainer" action (i.e. eviction). Do not try any self-help measures to get them out. If you do, you could find yourself on the wrong side of a lawsuit for unlwful eviction. 


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