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Old 12-26-2012, 08:39 AM
 
27 posts, read 53,139 times
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We settled with a tenant, signed by both party and the judge.

Terms:
1.Enter into a stipulation where as the landlord will forgive the rent arrears if the tenant is out by 12/25/12 with 5 days grace period.
2.Not required to pay rent unless apartment was damaged or not move on the required date.

Today, 12/26/12 tenant requested to extend time and was denied. At this rate we don't think he will be move out. What should we do after the grace period? Do we go back to court? Or do we show the agreement to Marshall and ask them to evict tenant?

Another question is, What is the grace period for? Is that to give him more time to move out? If required to move on 12/25/12, does that mean he needs to start paying all the back rent now?

Thank you all

Last edited by calvin812; 12-26-2012 at 08:58 AM..
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Old 12-26-2012, 09:11 AM
 
34,097 posts, read 47,302,110 times
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Quote:
Originally Posted by calvin812 View Post
We settled with a tenant, signed by both party and the judge.

Terms:
1.Enter into a stipulation where as the landlord will forgive the rent arrears if the tenant is out by 12/25/12 with 5 days grace period.
2.Not required to pay rent unless apartment was damaged or not move on the required date.

Today, 12/26/12 tenant requested to extend time and was denied. At this rate we don't think he will be move out. What should we do after the grace period? Do we go back to court? Or do we show the agreement to Marshall and ask them to evict tenant?

Another question is, What is the grace period for? Is that to give him more time to move out? If required to move on 12/25/12, does that mean he needs to start paying all the back rent now?

Thank you all
Grace period means that the tenant really has until 12/30 to move. If the tenant does not move after 12/30, the warrant will be issued for the marshal to evict the tenant....are you going to court without a lawyer to explain this stuff to you?
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Old 12-26-2012, 12:52 PM
 
27 posts, read 53,139 times
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Not sure do we need a lawyer for this? So at 12/30 if he doesn't move out, i go to court on the 31st to request an marshal to evict?
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Old 12-26-2012, 12:56 PM
 
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Quote:
Originally Posted by calvin812 View Post
Not sure do we need a lawyer for this? So at 12/30 if he doesn't move out, i go to court on the 31st to request an marshal to evict?
Aren't you a landlord?

I thought you guys had attorneys to talk to for this sort of thing?
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Old 12-26-2012, 01:32 PM
 
27 posts, read 53,139 times
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Quote:
Originally Posted by marilyn220 View Post
Aren't you a landlord?

I thought you guys had attorneys to talk to for this sort of thing?
Yes, but the lawyer we had before was really clueless about it. He just wanted our, no much of an help.
It's best if this can be done without a lawyer as we have not been getting rent from the past 6 months
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Old 12-26-2012, 02:04 PM
 
6,459 posts, read 12,029,752 times
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Quote:
Originally Posted by calvin812 View Post
Yes, but the lawyer we had before was really clueless about it. He just wanted our, no much of an help.
It's best if this can be done without a lawyer as we have not been getting rent from the past 6 months
Oh, okay. I understand now.

Try posting this same question in the real estate forum. It's really good. Just tell them that you also posted in the NYC forum in case someone asks you why you posted the same thing in "multiple forums".

//www.city-data.com/forum/real-estate/

Also, do some google searches on NYC evictions.

Do you have an official eviction notice from the court or is this some sort of contract thing that wasn't publicly filed?
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Old 12-26-2012, 03:10 PM
 
27 posts, read 53,139 times
Reputation: 12
Quote:
Originally Posted by marilyn220 View Post
Oh, okay. I understand now.

Try posting this same question in the real estate forum. It's really good. Just tell them that you also posted in the NYC forum in case someone asks you why you posted the same thing in "multiple forums".

//www.city-data.com/forum/real-estate/

Also, do some google searches on NYC evictions.

Do you have an official eviction notice from the court or is this some sort of contract thing that wasn't publicly filed?
it was a settlement that was signed by both party, and the judge.
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Old 12-26-2012, 03:34 PM
 
6,459 posts, read 12,029,752 times
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Quote:
Originally Posted by calvin812 View Post
it was a settlement that was signed by both party, and the judge.
How much more time is the tenant asking for? A week?
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Old 12-26-2012, 03:41 PM
 
Location: West Harlem
6,885 posts, read 9,931,471 times
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Quote:
Originally Posted by marilyn220 View Post
Do you have an official eviction notice from the court or is this some sort of contract thing that wasn't publicly filed?
What on earth are you talking about ?
Evictions do not happen in New York without a court judgment.
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Old 12-26-2012, 03:43 PM
 
Location: West Harlem
6,885 posts, read 9,931,471 times
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OP - I would look here, as opposed to consulting a public forum:

http://www.courts.state.ny.us/courts...ordbooklet.pdf
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