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Old 09-15-2010, 07:02 PM
 
3 posts, read 55,607 times
Reputation: 20
Default How do I get my tenant to move out? Need Help please!

I have a tenant lives upstairs. He has been living here for several years. Recently, I would like him to move out because I need upstair rooms for other purposes. He seems unwilling to move out after I talked to him several time. I gave him several months to move out and he does not care to go looking for other places. I have no lease with him since the old one expired several years agaon. He pays rent month by month and the rent is late sometimes. What is the worst situation here if he does not want to move out. I keep hearing that he will have to stay for at least 6-8 month if the case goes to the court. Thank You very much for your help!

Last edited by ps21; 09-15-2010 at 07:14 PM..
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Old 09-15-2010, 08:51 PM
 
982 posts, read 2,252,064 times
Reputation: 421
You need to get a lawyer. They'll file a 3 day notice and boot this MoFo in about 60 days uncontested, In the long run it will be cheaper and faster then to post on anonymous blogs desperate for free information.
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Old 09-15-2010, 09:35 PM
 
4,502 posts, read 7,693,045 times
Reputation: 3919
It costs money to move! You need first month, last month plus one month's security. We're talking a few thousand dollars, not to mention renting a truck to move items. You're in Flushing. Rents there aren't very cheap. If your tenant is paying rent to you every month, how do you expect him to save $4,000 in order to move??????

If you want to be a nasty person, you can take him to court and try eviction. You better hope your place is legal, though, because he can get you in A LOT of trouble if it isn't!
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Old 09-15-2010, 11:09 PM
 
6,855 posts, read 11,262,424 times
Reputation: 3942
Quote:
Originally Posted by omigawd View Post
It costs money to move! You need first month, last month plus one month's security. We're talking a few thousand dollars, not to mention renting a truck to move items. You're in Flushing. Rents there aren't very cheap. If your tenant is paying rent to you every month, how do you expect him to save $4,000 in order to move??????

If you want to be a nasty person, you can take him to court and try eviction. You better hope your place is legal, though, because he can get you in A LOT of trouble if it isn't!
Assuming the place is legal, if the tenant has a month to month agreement, then the tenant's moving expenses are not the landlord's problem.

Neither party owes the other more than 30 days notice.

And think about it for one second:

It seems you are using the figure of $1000 for rent, and I guess you are saying he needs to have $4000 saved for his
$1000 security
$1000 first month's rent
$1000 last month's rent
$1000 moving

But if he has a security deposit on this place, he gets that back to give to the next place so that's a wash.

Say the landlord wants him out Oct. 31. If he already paid last month's rent when he moved in, then Oct. rent is already covered. There's the second $1000.

No matter what, he would have to pay rent on Nov 1 wherever he lives - whether it's this place or another place. so the third $1000 is also a wash.

The only extra expense is the move, which doesn't have to be $1000 with friends' help and a man with a van. I know plenty of people on tight budgets who move very cheaply. If you're on a tight budget that's what you have to do.

I'm not a landlord, but in this case I don't feel sorry AT ALL for a tenant who has to move out of a place where he doesn't have a lease. I have been month-to-month in a past place and I was very aware always that I could give 30 days notice to move out, just as my landlord could give me 30 days notice for me to move. That's the way it goes with month to month agreements and why should the tenant get to stay just because he feels like it? It's not his place.

There's nothing nasty or illegal about a landlord giving a month-to-month tenant 30 days notice to move out.
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Old 09-16-2010, 08:47 AM
 
Location: Upper East, NY
1,144 posts, read 1,264,923 times
Reputation: 522
The leverage that comes with the threat of eventual certain action is as valuable as the action himself.

Use your court proceedings to persuade him to leave on his own terms. Incent him with some payments if you value him getting out in 1 month vs 6 months. If you don't, then just wait out the court situation.
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Old 09-16-2010, 10:44 AM
 
982 posts, read 2,252,064 times
Reputation: 421
Quote:
Originally Posted by crescent22 View Post
The leverage that comes with the threat of eventual certain action is as valuable as the action himself.

Use your court proceedings to persuade him to leave on his own terms. Incent him with some payments if you value him getting out in 1 month vs 6 months. If you don't, then just wait out the court situation.
this is true. A month to month can rangle an extra 6 months if they play their cards right.
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Old 09-22-2010, 07:56 PM
 
3 posts, read 55,607 times
Reputation: 20
Thank You for the help! Are you saying that it still takes six month to evict him even without contract?
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Old 09-22-2010, 08:01 PM
 
3 posts, read 55,607 times
Reputation: 20
Thank You! I am a very nice landlord. I asked him verbally in June, now it's September, he still has no intention to leave. He told me he will move out by end of this year. Let's see if he will do that. I am trying to avoid the court as I can. Eviction would be my last choice. I did not even say anything when he is late for the rent every month. I know the law in NYC favors tenant. It sucks to be a landlord here.


Quote:
Originally Posted by Henna View Post
Assuming the place is legal, if the tenant has a month to month agreement, then the tenant's moving expenses are not the landlord's problem.

Neither party owes the other more than 30 days notice.

And think about it for one second:

It seems you are using the figure of $1000 for rent, and I guess you are saying he needs to have $4000 saved for his
$1000 security
$1000 first month's rent
$1000 last month's rent
$1000 moving

But if he has a security deposit on this place, he gets that back to give to the next place so that's a wash.

Say the landlord wants him out Oct. 31. If he already paid last month's rent when he moved in, then Oct. rent is already covered. There's the second $1000.

No matter what, he would have to pay rent on Nov 1 wherever he lives - whether it's this place or another place. so the third $1000 is also a wash.

The only extra expense is the move, which doesn't have to be $1000 with friends' help and a man with a van. I know plenty of people on tight budgets who move very cheaply. If you're on a tight budget that's what you have to do.

I'm not a landlord, but in this case I don't feel sorry AT ALL for a tenant who has to move out of a place where he doesn't have a lease. I have been month-to-month in a past place and I was very aware always that I could give 30 days notice to move out, just as my landlord could give me 30 days notice for me to move. That's the way it goes with month to month agreements and why should the tenant get to stay just because he feels like it? It's not his place.

There's nothing nasty or illegal about a landlord giving a month-to-month tenant 30 days notice to move out.
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Old 09-23-2010, 09:00 PM
 
982 posts, read 2,252,064 times
Reputation: 421
It doesn't sound like you have actually asked him to leave legally. At the very least you should send him a certified letter demanding him to vacate in 30 days. That's the first step in any eviction and should save a little time and money when or if you have to lawyer up. You could also inform him that the rent will double, hell triple it, past the vacate date. You have that right.
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Old 02-22-2011, 01:44 AM
 
1 posts, read 18,058 times
Reputation: 12
By the Judge I won a court order decision on evicting my tenant due to non payment action. My tenant never showed up for court so by default I won the warrant. Do I have the rights to shut off my wireless router and the cable? This was not stated as included in the month to month lease I had him sign. It was stated though through my advertisement. Also about how long will it take before a sheriff serves his warrant? I was told he has 72 hours to comply once served. Is it true and how much longer will it possibly take? Any help would be appreciated.
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