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Old 09-11-2019, 09:23 PM
 
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is it easier to evict a month to month tenant (staying after lease is over) or a tenant on a lease in NYC?
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Old 09-11-2019, 09:54 PM
 
Location: Brooklyn
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Perhaps WAGS or WENDY have the answer
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Old 09-12-2019, 02:49 AM
 
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Quote:
Originally Posted by bobbyaxe View Post
is it easier to evict a month to month tenant (staying after lease is over) or a tenant on a lease in NYC?
not at all . whether it is your lease or the lease implied on a month to month by the state and local laws eviction is the same .
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Old 09-12-2019, 09:49 AM
 
Location: New York City
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Quote:
Originally Posted by bobbyaxe View Post
is it easier to evict a month to month tenant (staying after lease is over) or a tenant on a lease in NYC?
Yeah it's the same deal for both. The key number is 30 days. If someone is living in your space for 30 days, then in New York City you lose your constitutional rights to property. The person, regardless of any payment to you, gains rights to stay on your property until you get a formal court judgement to evict them. Under the most recent laws, a tenant can pretend to 'search' for 12 months for a new apartment at which time they cannot be legally evicted even while not paying any rent. So if the deadbeat tenant is a real moocher, you're looking at about 1.5 years of being victimized without rent and there is NOTHING YOU CAN DO ABOUT IT (unless of course you're willing to go the street justice route)
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Old 09-12-2019, 03:53 PM
 
3,592 posts, read 3,426,754 times
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Quote:
Originally Posted by BlakeJones View Post
Yeah it's the same deal for both. The key number is 30 days. If someone is living in your space for 30 days, then in New York City you lose your constitutional rights to property. The person, regardless of any payment to you, gains rights to stay on your property until you get a formal court judgement to evict them. Under the most recent laws, a tenant can pretend to 'search' for 12 months for a new apartment at which time they cannot be legally evicted even while not paying any rent. So if the deadbeat tenant is a real moocher, you're looking at about 1.5 years of being victimized without rent and there is NOTHING YOU CAN DO ABOUT IT (unless of course you're willing to go the street justice route)



Can you not sue them for rent payments, if they have assets/valuables?



Not sure why a legal system encourages tenants to live rent free and not get penalized.
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Old 09-12-2019, 04:32 PM
 
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Originally Posted by leoliu View Post
Can you not sue them for rent payments, if they have assets/valuables?



Not sure why a legal system encourages tenants to live rent free and not get penalized.
All they do is declare bankruptcy and you wasted more time and money pursuing it .

Plus with no lease it can be tough proving what the rent was supposed to be if they paid you in cash.. I ran in to that ...I had a tenant who was month to month after her lease expired ...since she bounced a check I got paid in cash ..... I had no proof as to what the rent she didn’t pay actually was supposed to be
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Old 09-13-2019, 07:55 AM
 
Location: New York City
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And no landlord is immune, even colleges and universities!!!

This dropout Lisa Palmer from Hunter College decided she didn't feel like leaving her dorm, so she just didn't leave and made like she lived there permanently and Hunter could not do a single thing about it except go through the long, arduous and expensive eviction process:

https://www.buzzfeednews.com/article...to-leave-dorms

2 years+ rent free
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Old 09-14-2019, 07:08 AM
 
46 posts, read 11,329 times
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Quote:
Originally Posted by BlakeJones View Post
Yeah it's the same deal for both. The key number is 30 days. If someone is living in your space for 30 days, then in New York City you lose your constitutional rights to property. The person, regardless of any payment to you, gains rights to stay on your property until you get a formal court judgement to evict them. Under the most recent laws, a tenant can pretend to 'search' for 12 months for a new apartment at which time they cannot be legally evicted even while not paying any rent. So if the deadbeat tenant is a real moocher, you're looking at about 1.5 years of being victimized without rent and there is NOTHING YOU CAN DO ABOUT IT (unless of course you're willing to go the street justice route)



I spoke to several lawyers about this. They said the new law does not apply to landlord that owns 4 units or less. Now before the new law went into effect, I've personally was involved in several evictions and no judge will allow them to stay pass 2 months rent free. Now combining the wait time for the court hearings overall my past tenants was there 5-6 months rent free. If they need more time looking they would have to pay the entire rent owe on the spot or face eviction, they chose to leave.



Quote:
Originally Posted by leoliu View Post
Can you not sue them for rent payments, if they have assets/valuables?



Not sure why a legal system encourages tenants to live rent free and not get penalized.

Yes thats why is up to you, the landlord to screen them properly. You as a landlord ask for everything such as 1 year bank statement, credit card bills, etc. You screen their entire life. Now do I do some illegal screening? Of course, not taking any chances. For example now I do discriminate against a certain ghetto race.


Quote:
Originally Posted by mathjak107 View Post
All they do is declare bankruptcy and you wasted more time and money pursuing it .

Plus with no lease it can be tough proving what the rent was supposed to be if they paid you in cash.. I ran in to that ...I had a tenant who was month to month after her lease expired ...since she bounced a check I got paid in cash ..... I had no proof as to what the rent she didnít pay actually was supposed to be

I dont think its common for every tenant you rent to will declare bankruptcy. Luckily I haven't ran into that problem. When I was evicting the tenant they're lease already expired 6 months ago and was on month to month. Judge ask them to pay the last 6 months so they could stay and have more time looking for apartment or face eviction. Tenant chose to leave. Now the lawyer suggest that I could sue them after eviction, but if they had no money, then it would be a waste a time. They look like the type that didn't have any money, so I didn't go after them.



Quote:
Originally Posted by BlakeJones View Post
And no landlord is immune, even colleges and universities!!!

This dropout Lisa Palmer from Hunter College decided she didn't feel like leaving her dorm, so she just didn't leave and made like she lived there permanently and Hunter could not do a single thing about it except go through the long, arduous and expensive eviction process:

https://www.buzzfeednews.com/article...to-leave-dorms

2 years+ rent free

Before clicking this article I was playing that game called "guess that race" I was right again. All of my tenant problems and eviction was people that look like her. Never again will I rent to people that look like that. I dont care if they have a perfect credit score, with a 7 figure income along with a 7 figure assets.
I screen and discriminate hard.
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Old 09-14-2019, 07:14 AM
 
73,427 posts, read 73,236,036 times
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Quote:
Originally Posted by CruisinNY View Post
I spoke to several lawyers about this. They said the new law does not apply to landlord that owns 4 units or less. Now before the new law went into effect, I've personally was involved in several evictions and no judge will allow them to stay pass 2 months rent free. Now combining the wait time for the court hearings overall my past tenants was there 5-6 months rent free. If they need more time looking they would have to pay the entire rent owe on the spot or face eviction, they chose to leave.






Yes thats why is up to you, the landlord to screen them properly. You as a landlord ask for everything such as 1 year bank statement, credit card bills, etc. You screen their entire life. Now do I do some illegal screening? Of course, not taking any chances. For example now I do discriminate against a certain ghetto race.





I dont think its common for every tenant you rent to will declare bankruptcy. Luckily I haven't ran into that problem. When I was evicting the tenant they're lease already expired 6 months ago and was on month to month. Judge ask them to pay the last 6 months so they could stay and have more time looking for apartment or face eviction. Tenant chose to leave. Now the lawyer suggest that I could sue them after eviction, but if they had no money, then it would be a waste a time. They look like the type that didn't have any money, so I didn't go after them.






Before clicking this article I was playing that game called "guess that race" I was right again. All of my tenant problems and eviction was people that look like her. Never again will I rent to people that look like that. I dont care if they have a perfect credit score, with a 7 figure income along with a 7 figure assets.
I screen and discriminate hard.
we were very diligent about screening our tenants but :::: IF YOU ARE A LANDLORD , EVENTUALLY ONE OF THE TRIFECTA'S FROM LANDLORD HELL WILL GET YOU . DIVORCE-ILLNESS AND JOB LOSS eventually get even the most carefully screened tenants . in our case it was divorce got her .... so you can screen all you want but these three escape all vetting .
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Old 09-15-2019, 11:32 AM
 
157 posts, read 81,275 times
Reputation: 81
Quote:
Originally Posted by CruisinNY View Post
Before clicking this article I was playing that game called "guess that race" I was right again. All of my tenant problems and eviction was people that look like her. Never again will I rent to people that look like that. I dont care if they have a perfect credit score, with a 7 figure income along with a 7 figure assets.
I screen and discriminate hard.
Have you ever been caught or suspected of doing this? In the case that you do, how will you defend your approach?
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