New York Real Property Actions & Proceedings - Article 7 - § 713 Grounds Where No Landlord-tenant Relationship Exists
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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
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permission has been revoked and notice of the revocation given to the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
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(b) his license has been revoked by the licensor, or (c) the licensor is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
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.
Section: Article 7 701 711 713 713-A 715 721 731 732 733 734 735 741 743 745
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Last modified: September 16, 2013