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Old 02-01-2012, 02:12 PM
 
17 posts, read 14,638 times
Reputation: 10

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Hi All,

We have a problem tenant (in NYC) who owes us close to $12,000 in rent. We have a court case against her and finally after months and months of hassle and back and fourth with the courts we got a warrant issued against her which should be served to her any day now. She is an awful person who shouts and curses out my family when asking for rent. We are just terrified of her and what's worse is that the police does nothing to help. Cant wait to get her out. Just have a few questions to be prepared for the worst:

1. Can she get a stay order from the court and under what circumstances? Does the excuse have to be really good or it can just be simply that she needs more time. By the way she has a teenage son.

2. What if she has other people living with her like a boyfriend. We hear his voice upstairs but not sure if he lives there. Will we have any trouble because there is another occupant in the house?

3. When we first filed the paperwork she owed is $6,800. The stipulation stated she must pay the balance due, or show up to court with half the money and continue to pay the monthly rent every 1st friday of the month. She didn't do anything the court asked her to do, only gave us a $1,500 payment the following month and not a penny again. Currently her outstanding balance is $12,000. Will have accepted the payment prevent the eviction? My mom wrote something like "accepted with no pregudice" on the check as per our lawyers advice. Not sure what that exactly does.

4. How can we collect the 12,000 from her if she is evicted. How will we find out where she moved if suing her in needed. All we have is her SS #.

5. The NYC landlord-tenant rules are MESSED up! how can they allow a non-paying, rude and scary tenant to stay in someones house while the court proceeding are in process which takes MONTHS! is there some sort of an association in NYC that ppl can get together and help make the laws stricter?? Its just unfair.

Thanks in advance for the replies. Desperately need any advice.
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Old 02-03-2012, 12:58 AM
 
Location: New York City
8 posts, read 35,624 times
Reputation: 13
If you trust your attorney then follow the instructions and advice. If you don't then consult someone else. You can ask your lawyer if you can place a lien on the tenant (if they have a car or a bank account or other assets) for non payment of the rent if the money isn't in escrow.

If someone there is another non-tenant living there you can document it with photos of the person being there at odd hours. Give the information to your attorney. You must report it within a small window of time (30 or 60 days).

It is the six month rule. It takes six months to evict a non-paying tenant. It takes six months on average to get violations corrected unless they are dangerous to life. At least you are the landlord. I am a good tenant with a lazy landlord who doesn't provide services and has multiple code violations. BTW I pay for my own heat and hot water.

Tenant or landlord the housing laws need serious adjustments. If you have a lawyer make them earn their money.
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Old 02-03-2012, 08:11 AM
 
Location: Dallas, TX
2,898 posts, read 4,930,283 times
Reputation: 2166
You didn't like the answers you got yesterday?


Tenant Problems - told to post in NYC forum
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Old 02-05-2012, 01:56 AM
 
Location: Texas.
11 posts, read 19,896 times
Reputation: 10
Put up the eviction notice and start advertising the apartment for upcoming rent.

Start to access the place for damages and get yourself into a recoverable position where you can start making money again.

As stated- its a loss- but its just part of the risk. No point in looking back and mopping- press on and learn from it (tho it seems you couldn't do much to prevent this unfortunently)

If all else fails, you can just lie and say to officials that you feel that your safety as well as the safety of others is endangered by their presence. Just sayin.
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Old 02-05-2012, 04:43 PM
 
8,218 posts, read 8,498,682 times
Reputation: 10182
Just out of curiosity, how did you vet this tenant when you first met? I'm always curious about whether the landlords really checked out the person beforehand, spent time with them.
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Old 02-06-2012, 07:03 AM
 
Location: Manhattan
20,134 posts, read 26,416,255 times
Reputation: 9026
NY resident.

Why didn't you take action before the rent arrears got so sky high?
What kind of "back and forthing" went on in the courtroom that allowed her to stay on? Did she make plausible arguments for her non-payment?
Did you use a lawyer?

I think you can pretty well kiss the $12K goodbye. Even with a judgement, collection is a ***** (rhymes with witch.)

I hope you can get her out.
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