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New York Real Property Actions & Proceedings - Article 7 - § 711 Grounds Where Landlord-tenant Relationship Exists

Legal Research Home > New York Laws > Real Property Actions and Proceedings > New York Real Property Actions & Proceedings - Article 7 - § 711 Grounds Where Landlord-tenant Relationship Exists


Real Property Actions and Proceedings
 
    §  711.  Grounds  where  landlord-tenant relationship exists. A tenant
  shall include an occupant of one or more rooms in a rooming house  or  a
  resident,  not including a transient occupant, of one or more rooms in a
  hotel who has been in possession for thirty consecutive days or  longer;
  he  shall not be removed from possession except in a special proceeding.
  A special proceeding may be  maintained  under  this  article  upon  the
  following grounds:
    1.  The  tenant continues in possession of any portion of the premises
  after the expiration of his term, without the permission of the landlord
  or, in a case where a new lessee is entitled to possession, without  the
  permission  of  the new lessee. Acceptance of rent after commencement of
  the special  proceeding  upon  this  ground  shall  not  terminate  such
  proceeding  nor effect any award of possession to the landlord or to the
  new lessee, as  the  case  may  be.  A  proceeding  seeking  to  recover
  possession  of  real  property  by reason of the termination of the term
  fixed in the lease pursuant to a provision contained therein giving  the
  landlord  the right to terminate the time fixed for occupancy under such
  agreement if he deem the tenant objectionable, shall not be maintainable
  unless the  landlord  shall  by  competent  evidence  establish  to  the
  satisfaction of the court that the tenant is objectionable.
    2.  The  tenant  has defaulted in the payment of rent, pursuant to the
  agreement under which the premises are held, and a demand  of  the  rent
  has  been  made, or at least three days' notice in writing requiring, in
  the alternative, the payment of the  rent,  or  the  possession  of  the
  premises,  has  been  served  upon him as prescribed in section 735. The
  landlord may waive his right to proceed upon  this  ground  only  by  an
  express  consent  in  writing  to  permit  the  tenant  to  continue  in
  possession, which consent shall be revocable at will, in which event the
  landlord shall be deemed to have waived his right to summary  dispossess
  for  nonpayment  of  rent  accruing during the time said consent remains
  unrevoked.   Any person succeeding to the  landlord's  interest  in  the
  premises may proceed under this subdivision for rent due his predecessor
  in  interest  if  he has a right thereto. Where a tenant dies during the
  term of the lease and rent due has not been paid and  no  representative
  or  person  has taken possession of the premises and no administrator or
  executor has been appointed, the proceeding may be commenced after three
  months from the date of death of the tenant  by  joining  the  surviving
  spouse  or if there is none, then one of the surviving issue or if there
  is none, then any one of the distributees.
    3. The tenant, in a city defaults in the payment, for sixty days after
  the same shall be payable, of any taxes or  assessments  levied  on  the
  premises which he has agreed in writing to pay pursuant to the agreement
  under  which  the  premises  are held, and a demand for payment has been
  made, or at least three  days'  notice  in  writing,  requiring  in  the
  alternative the payment thereof and of any interest and penalty thereon,
  or  the  possession  of  the  premises,  has  been  served  upon him, as
  prescribed in section 735. An  acceptance  of  any  rent  shall  not  be
  construed as a waiver of the agreement to pay taxes or assessments.
    4.  The  tenant,  under a lease for a term of three years or less, has
  during the term taken the benefit of an insolvency statute or  has  been
  adjudicated a bankrupt.
    5.  The  premises,  or  any  part  thereof,  are used or occupied as a
  bawdy-house, or house or place of assignation for lewd persons,  or  for
  purposes  of  prostitution,  or for any illegal trade or manufacture, or
  other illegal business.
    6. The tenant, in a city having a population of one million  or  more,
  removes  the  batteries  or otherwise disconnects or makes inoperable an
  installed smoke or fire detector which the tenant has not  requested  be

  moved  from  its location so as not to interfere with the reasonable use
  of kitchen facilities provided that the court, upon  complaint  thereof,
  has previously issued an order of violation of the provisions heretofore
  stated  and, subsequent to the thirtieth day after service of such order
  upon the tenant,  an  official  inspection  report  by  the  appropriate
  department  of  housing  preservation  and  development is presented, in
  writing, indicating non-compliance herewith; provided further, that  the
  tenant  shall  have the additional ten day period to cure such violation
  in accordance with the provisions of subdivision four of  section  seven
  hundred fifty-three of this chapter.
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Last modified: February 16, 2014