I've rented out my apartment in Queens, New York to a family since 08/01/2019. My early intention was to allow them to continue the rental but something comes up - my inlaw was diagnosed as a cancer patient and she needs a place to stay so that she can go to a nearby hospital in Flushing, Queens.
I texted the tenant on 06/20/20 telling him the situation and informed that I won't renew the lease. His main complains was that 1) earlier I verbally agreed to allow him to stay so he already purchased the insurance; 2) given the current pandemic situation and his job status (he was in Hotel business which was heavily hit but he also said he was protected by unions), he had difficulty to find another place; 3) he had a newborn baby.
Now my questions:
While I understand his hardship but my inlaw's situation of being a cancer patient is worse than his. What I heard is that most state laws dictate that a landlord cannot evict a tenant even they intend not to renew the lease, however there are criteria based on which the landlord can. Does anyone know how pertinent laws in NY can work in my favor?
What's the proper way of serving my notice to the tenant? I texted him on 06/20 of my intention. On 06/29 when I asked my agent to check with him, the tenant refused to talk to the agent, claiming that I already renewed the contract with him, which was of course nonsense.
If I take this to court (which is not likely given the pandemic, the earliest possible reopening would be 08/20.), anyone know what would happen and what I need to do in terms of collecting evidence?
If the tenant continue to live after the current lease expires and pays the rent, should I take it or just decline it.