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How long does it take to evict a non paying tenant in NYC? My attorney already served the notice to quit and the 10 day notice for an answer by the tenant. The tenant responded and the court date is about a month from now. What are some possible defenses the tenant can use in court to stay longer? Do you think it will take 6 months to get them out? Thank you so much
It really depends on the judge. The tenant can ask for an extension, etc.
A friend of mine works for an attorney who specializes in tenants rights and they've kept people (non paying tenants) in apartments for years with various legal issues, extensions, etc... It's crazy and I've told my friend it's wrong and the tenants should just leave, but she says that's what they're being paid to do.
I doubt this would happen in your case. Your tenant may ask for an extension and be granted one, but I don't see it going much further than 3 months. Keep in mind, once you get a judgment of eviction, you have to get the Marshall to get the tenant out (if the tenant doesn't leave on his/her own)
The average is 3 months at least. If you have a slick professional tenant that knows the rent stabilization system (pro-tenant system by the way) then he or she will try to extend their stay by filing an "order to show cause" which the judge would usually grant.
Before you know it, it's 6 months later of unpaid rent with no eviction yet. Then finally the tenant decides to move owing the landlord 6 months of back rent which he won't see not 1 penny of.
Just keep in mind that the Rent Stabilization system is designed to screw the landlord. Thats why I recommend for Landlords to raise the standard in their rental critiria and do a thorough tenant screening process to avoid deadbeats or unpleasant/difficult tenants.
I had to go to court to evict my tenants from a private house it took 7months but we gave them 8months with no other excuses to use to stay longer and having to go to court. But by law they have to pay you rent once you go to court and settle on an agreement. They also have to pay you any back rent that is due. Once you go to court there no longer is a lease and they stay on the property as a month to month tenant. The courts give the tent a 5 day grace period to pay the rent from the due date, should they fail to do so the marshalls then get called in and evict the tents(even if they are in their beds sleeping). Here is the catch you as the landlord pay for the marshalls and 1months of storage for the tenants belongs. If you need a good attorney let me know I can give you mine and he is reasonable. Good luck
Look at that...7 long months to evict a non-paying tenant. Does anyone else see anything wrong with this? Talk about pro-tenant housing laws in NY. Wow!
wow so im basically screwed =*( 6 months or more of unpaid rent, they really need to make these laws more fair.
hey nonstopmom, i dont think the tenants have to pay a penny while we're in court. i think they are allowed to stay rent free until the judgment is made. even after, we have to bring them to small claims court.
and this is why i wont be a landlord, ever again.....to many better ways to make money.... landlording is one of those things everyone thinks is such an easy way to make money..
actually it is, that is until its not and then you will hate the day you ever got involved. thats how i feel.
and this is why i wont be a landlord, ever again.....to many better ways to make money.... landlording is one of those things everyone thinks is such an easy way to make money..
actually it is, that is until its not and then you will hate the day you ever got involved. thats how i feel.
Landlording is a good way to make money except in wonderful liberal NY where you have rent stabilization/control where the system is designed to supress the so-called "greedy" landlord. It's designed to protect tenants (even undesirable tenants) and designed to prevent apartment turn-over which creates stagnant/dying communities in which there is little to no movement of people because apartments are never vacated, or at least not available.
That creates poverty which becomes entrenched, generational, due to the artificial limitation of a natural ebb and flow of people coming in and out of the communities....and the ghettos of today are a direct result of this stagnation. We now have a permanent underclass whom suffocate entire swaths of the city for generations because, well, the vast majority of apartments are on stabilization/rent control and will never be available so nobody else can move in/out.
been a landlord in new york for over 20 years, your preaching to the choir.
what most dont realize is real estate is a profession, a job just like any other.
its thought of as something passive we can do, like buy a building and the money rolls in.
to be successful in real estate its like having a company and a profession. it requires lots of attention, aggrevation, manipulation of laws, and making deals that are profitable in all kinds of economic enviornments.
we are selling off a family real estate business over the last few years getting ready to retire.
i know longer want to "WORK" and real estate is to much work and aggrevation to be something i still want to do when im retired and enjoying life.
its all fun and games when you have tenants that pay , but when that one tenant comes along and dosnt pay it can be holy hell not only cancelling all the good feelings you had about it for years but making you wish you never did it in the first place. especially if its your only rental property and you now have a 100% default rate. . because for most , real estate is a leveraged investment the pressure and stomach turning that comes from the fear of loosing money or not having the rental income to meet your mortgage is far worse then you get from just owning a stock that turned down.
for someone who has never been in that position i cant even describe the panic and fear most landlords feel, its almost like trying to describe the color orange to a blind person to someone who hasnt experienced what the origional poster must be feeling.
Last edited by mathjak107; 12-12-2009 at 05:47 AM..
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