Illegal Occupiers of my property

We own a 3 family house. Our 1st floor tenant after 11 years packed up and left. There was NEVER
a lease. Instead of providing us with key, she rented out the apartment to a "New" family, that we have no idea who they are. Went to the local precinct, and was told that since these "Squatters" have only been in there less then 8 days we were in our right to change the locks. We did and then 911 was involved.
The old tenant came and broke door down and claimed they still lived there, provided old bank statements etc...they claimed the new occupiers were relatives and just visiting... BS... We caught on camera a "Rent a Furniture" truck delivering financed furniture yesterday. When we changed the locks we were able to get their names off the agreement left on their kitchen table.
So we now know who they. Bottom line... Old tenants moved out, they illegally rented to relatives, and everytime cops are called they run back to the house waving bank statements etc showing their old address. This is a crime!!
We have not taken any money, have no lease agreement etc... Can we file a 30 day no clause get out of dodge ! And who do we file it for... Old tenant or the new squatters!!!

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If rent has not been paid, you can file the Pay or Quit against the tenant "AND ALL OTHERS". Make sure all paperwork is addressed to the tenant and this notation is listed on all of it so it includeds the squattors.

If the tenant (not the relatives) has been paying the rent, you can deliver a Notice to Terminate the Month to Month agreement. You do not accept rent from these people since you don't know who they are - only from the actual tenant. If you do, you create an implied rental agreement with them. Depending on your locations this notice can be as short as 7 days long or as long as 60 days. You need to list your state to see how long this notice is in your area. In the notice state that everyone must vacate and the keys must be returned by xx/xx date. If they don't, file to evict the tenant "AND ALL OTHERS" based on failing to vacate after being given proper notice to terminate.

Do not change locks. Police are knowledgeable on crime, not on LL-Tenant law. Don't follow their advice. Changing locks can get you sued.

The Old Tenant moved out and did not pay September. We are not accepting any money at all from anybody. We are willing to take the hit, as long as we get them out!!

So we send to Old Tenant, her husband (Who claims he still lives there) and "All Others"...

The "Pay or Quit" notice is confusing, because we dont want $$ which might imply we are accepting their status on the property.

I live in NYC, so is 30 days notice reasonable? And if 30 days comes and goes and they don't vacate then what?
If I file these papers after the illegals have been on the property 14 days, will that constitute the date legally... Or will they claim after the 30 days notice that they have established residency being there now
44 days?
Thanks for all your help!!!

PS... There is no "Actual Tenant"... They packed up and left... They now claim they are still there to
beat the system to get their so called friends in there... Like I said, everytime cops are called, they run over and lie thru their teeth!!!

Please answer the 3rd & 4th reply!!!

I am the originator of this question, and I had followups to the answer given!!

Sorry for the delay, but I am not on this site exclusively.

The tenant has not vacated, even though he is not living there! Vacated means the premises are empty and returned to you. He didn't do this. He invited someone else in to live. He didn't return possession and the premises aren't vacant. So the tenant is still responsible for the place until it is returned to you empty. Therefore, any and all action must be taken against the tenant that was there! Especially since the tenant is claiming to live there. The phrase "and all others" just covers the other people in the unit. Those people aren't tenants and aren't the ones who are responsible for anything. The tenant who failed to return possession to you is. All paperwork must be addressed to said tenant.


Also complicating things is the fact that this unit is in NYC. That city has laws that allow members of the immediately family of the tenant to move in legally. Rent control/stabilization units also have other regulations that you must follow. If in rent stabilization or control, you may need "Just Cause" to terminate a month to month tenant. You may not be able to just give them the 30 day notice below.

I found this for NYC: In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)

You are great!!!

PS Should I hire a Process server to deliver the documents to prove the letter was received. And If I know
the names of the relatives living in there should I make one for them as well?

I guess All Others would cover that!!

My friend last question...

Does the letter need to be filed in the courts? or any other agency as proof?

Contact your local clerk of courts and ask how the notices must be served in your area. Each area has their own forms of legal process. Some allow mailing, some require certified mail, some allow posting to the door of the residence, ... You need to find out the proper form of service for your area and serve all papers in that manner. If posting or hand delivering, make sure you have a witness to see them receive it or take dated digital photos of them on the door. Keep copies of all notices. Until you file the actual eviction paperwork, notices do not need to go through the court. But copies of these notices may be required to be attached to the eviction suit. Keep copies.