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New York Real Property Actions & Proceedings - Article 7 - § 713 Grounds Where No Landlord-tenant Relationship Exists

Legal Research Home > New York Laws > Real Property Actions and Proceedings > New York Real Property Actions & Proceedings - Article 7 - § 713 Grounds Where No Landlord-tenant Relationship Exists


Real Property Actions and Proceedings
 
    § 713. Grounds where no landlord-tenant relationship exists. A special
  proceeding  may  be maintained under this article after a ten-day notice
  to quit has been served upon the respondent in the manner prescribed  in
  section 735, upon the following grounds:
    1. The property has been sold by virtue of an execution against him or
  a  person  under  whom  he  claims  and  a title under the sale has been
  perfected.
    2. He occupies or holds the property under an agreement with the owner
  to occupy and cultivate it upon shares or for a share of the  crops  and
  the time fixed in the agreement for his occupancy has expired.
    3.  He  or  the  person  to whom he has succeeded has intruded into or
  squatted upon the property without the permission of the person entitled
  to possession and the occupancy  has  continued  without  permission  or
  permission  has  been  revoked and notice of the revocation given to the
  person to be removed.
    4. The property has been sold for unpaid taxes and a tax deed has been
  executed and delivered  to  the  purchaser  and  he  or  any  subsequent
  grantee,  distributee  or  devisee claiming title through such purchaser
  has complied with all provisions  of  law  precedent  to  the  right  to
  possession  and  the  time of redemption by the former owner or occupant
  has expired.
    5. Subject to the rights and obligations set forth in section thirteen
  hundred five of this chapter, the property has been sold in  foreclosure
  and  either  the deed delivered pursuant to such sale, or a copy of such
  deed, certified as provided in the civil practice  law  and  rules,  has
  been exhibited to him.
    6. He is the tenant of a life tenant of the property, holding over and
  continuing  in  possession  of the property after the termination of the
  estate of such life tenant without the permission of the person entitled
  to possession of the property upon termination of the life estate.
    7. He is a licensee of  the  person  entitled  to  possession  of  the
  property at the time of the license, and (a) his license has expired, or
  (b) his license has been revoked by the licensor, or (c) the licensor is
  no  longer  entitled  to  possession of the property; provided, however,
  that a mortgagee or vendee in possession shall not be  deemed  to  be  a
  licensee within the meaning of this subdivision.
    8.  The  owner  of real property, being in possession of all or a part
  thereof, and  having  voluntarily  conveyed  title  to  the  same  to  a
  purchaser  for  value,  remains  in possession without permission of the
  purchaser.
    9. A vendee under a contract of sale, the performance of which  is  to
  be completed within ninety days after its execution, being in possession
  of all or a part thereof, and having defaulted in the performance of the
  terms  of the contract of sale, remains in possession without permission
  of the vendor.
    10. The person in possession has entered the property  or  remains  in
  possession  by  force  or  unlawful  means  and he or his predecessor in
  interest was not in quiet possession for three years before the time  of
  the  forcible  or  unlawful  entry  or  detainer  and the petitioner was
  peaceably in actual possession at the time of the forcible  or  unlawful
  entry  or  in  constructive  possession  at  the time of the forcible or
  unlawful detainer; no notice to quit  shall  be  required  in  order  to
  maintain a proceeding under this subdivision.
    11. The person in possession entered into possession as an incident to
  employment  by  petitioner, and the time agreed upon for such possession
  has expired or, if no such time was agreed upon, the employment has been
  terminated; no notice to quit shall be required in order to maintain the
  proceeding under this subdivision.
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Last modified: February 16, 2014