Section 713. Grounds where no landlord-tenant relationship exists  


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      permission has been revoked and notice of the revocation  given  to  the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      (b) his license has been revoked by the licensor, or (c) the licensor is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