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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 713: Grounds where no landlord-tenant relationship exists

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 7. Summary Proceeding to Recover Possession of Real Property

§ 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permission has been revoked and notice of the revocation given to the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(b) his license has been revoked by the licensor, or (c) the licensor is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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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