Im buying a house in NYC. If the seller serves the current tenant with a 90 day notice to vacate, can I file a holdover action based on that 90 day notice or do I need to serve it again?

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NYC LL/T lawyer here. I assume it’s a 90-day notice of non-renewal or termination notice? If it was properly drafted AND served, no need to serve a new notice. You should, however, serve a notice of change of Landlord to let the tenant know you are now the successor-in-interest.

You can commence a holdover proceeding upon the expiration of the 90-day notice. I also want to caution, as the premises sought to be recovered in NYC, there should have been a notice of applicability or inapplicability of good cause eviction law served with the 90-day notice.

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Interesting. Not legal advice but, is there a reason why you think you would need to serve it again? I would think you can file an unlawful detainer action based on the 90-day notice served by the seller. Some times serving a new notice will void the prior notice.

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Interested in this discussion. My parents are trying to sell their house and the current tenant is refusing to leave.

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