Accordingly, you must follow the City’s laws and may not lie. Find a good lawyer and begin eviction proceedings as soon as you can as permitted under the law.
During the first World War, when the Chofetz Chaim was in his late 70s, Russian soldiers were stationed in his town of Radin (present-day Belarus). The military authorities requested supplies from the local residents including from the Chofetz Chaim's modest household.
When the soldiers came to collect their provisions in Radin, they took more than they were officially allowed to take. The Chofetz Chaim noticed their wrongdoing and despite the potential personal danger that he could face by exposing the soldiers’ misconduct, he approached their commanding officer. The Chofetz Chaim politely but firmly pointed out that soldiers under his command had taken more than their requisition papers had allowed them to take.
The commanding officer, impressed by his dedication to honesty and integrity, asked why the Chofetz Chaim was bringing this to his attention and potentially risking his personal safety. The Chofetz Chaim replied that if the soldiers kept what was not rightfully theirs, that would be theft and such activity needs to be reported and exposed so that it does not occur.
The commanding officer ordered that the excess supplies be returned and instructed his soldiers to treat the Chofetz Chaim and his community with special respect due to the Chofetz Chaim’s actions and commitment to integrity.
The Torah warns judges in this week's parsha, "...and you shall not take a bribe, for bribery blinds the eyes of the wise and perverts just words." (Devarim 16:19)
Rashi on this Possuk provides a commentary with hidden insight that reveals a profound truth about human nature.
QUESTION:
I am a landlord in New York City (the “City”) and find myself involved with a dishonest tenant. We have signed a lease, and he has paid me my first month’s rent and refuses to pay me any further. He is purposefully taking advantage of the fact that the City's landlord / tenant laws are highly skewed against landlords, and he knows the difficulties that I face and the time it will take to evict him under City law. However, I do have one card I can play. I am somewhat certain that he has not retained a copy of the lease. May I lie to the City authorities and claim that we never had a lease and that my tenant was renting, “month-to-month?” If I make this claim, the eviction process will be less challenging and far shorter.
ANSWER:
At first glance, it seems clear that if one is reasonably fearful of robbery by another, then it is permitted to lie to prevent the theft. (Shulchan Aruch, Yoreh Deah 133:3, Sanhedrin 25b, and Yoma 83b). This would appear to be analogous to what is happening in your case as you wish to lie to the City to evict your client and prevent robbery, i.e. to continue to remain in your apartment without paying the rent. However, there is a significant difference in your case, and while your frustration is certainly warranted, the answer you are about to receive is going to be disappointing. You see, the laws of Dinei D'Malchusa (in this case, New York City laws) govern how Kinyanim (transactions / transfers of ownership) work and would trump the permissibility to lie to prevent theft as outlined above. In short, since New York City law says that a Kinyan is made by the tenant when he moves in, that Kinyan may only be broken (and your tenant evicted) according to New York City law which is as you mentioned above, admittedly skewed against landlords.
