Which is more efficient in removing an unwanted tenant: eviction due to non-payment or eviction due to non-monetary reasons?

Dear Flushing Property Owner: You asked the precise question for a full confidential face to face consultation with an attorney is all about. Ordinarily, a non-payment proceeding is not the vehicle for "removing an unwanted tenant" because a tenant may pay any money judgment determined after a trial and "redeem" the tenancy, and when the tenancy is month to month, only the most current month for unpaid rent is proper as a basis for a rent demand and a predicate for the summary proceeding. But you know your tenant and should discuss this strategy with your attorney. If you "know" the tenant will not redeem the tenancy by paying rent after the duration of a non-payment proceeding tried to a conclusion, then the non-payment proceeding has another side, allowed by the NYC Housing Court where on consent of the parties, a non-payment proceeding may convert to a holdover proceeding. Doing so, eliminates the issue of rent as well as provides a consent judgment for possession and an eviction warrant. The strategy allows a landlord to employ a three day rent demand in place of a thirty day tenancy termination notice as the foundation of the lawsuit, and so provides for a swifter method to get into court. If the tenant appears )and this is another factor to explore in depth with your attorney) you and your lawyer have a chance on the initial court date to resolve the case with a conversion to a holdover proceeding. Of course if the tenant does not appear you must proceed to secure a default judgment but that route will also be quicker than waiting out one month just to start a holdover proceeding. Explore the opportunities available with your attorney in a candid and private setting. Your attorney must evaluate your belief the tenant would accept an opportunity to avoid paying any rent (even one month) and so consent to a conversion of the non-payment case to a holdover proceeding. Your attorney may still recommend a straight forward summary holdover proceeding based on a tenancy termination notice. But you will not have a fair way to choose your strategy without involving your own personal lawyer.