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Old 02-04-2016, 06:30 AM
 
Location: NYPD"s 30th Precinct
2,565 posts, read 5,488,423 times
Reputation: 2690

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Quote:
Originally Posted by Cida View Post
Second, is it automatic that one needs an eviction lawyer? Is it never possible that if the tenants are honorable people, a LL could just say, Look, I've been patient for all this time, but this can't continue, so I'm sorry but I'll have to end your lease March 31. Surely the tenants know that this can't go on indefinitely, and an eviction will be worse on them in the long run.
If you want the tenants out, and they refuse to leave, then you must go through the court system to obtain an eviction order. Period.

Sure you can tell the tenants that their lease is not being renewed and they must be out by a certain date, and if they comply then great, but if that date comes and they aren't leaving, you cannot force them out yourself.

If the landlord attempts to do anything like change the locks, that's called constructive eviction and is blatantly illegal. The police will make him allow the tenants back in until such time as he has a lawful eviction order.

And even with that order, only a law enforcement officer (usually sheriff or marshal, but can change depending on the specific location) can force anyone out.
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Old 02-04-2016, 09:31 AM
 
Location: New York City
19,061 posts, read 12,616,178 times
Reputation: 14781
It's very simple, don't renew the lease and tell them to GTFO

You are within your rights to seek back rent, but it's a long expensive headache. Basically you tell them they have to leave no matter what, and they owe you $10K. If they pay you $2K and leave quietly, you won't go after them for the other $8K and will put it writing. If they disagree then you take them to court and serve an eviction notice (make you give proper notice on lease non-renewal and serve it certified or through a service agent)
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Old 02-04-2016, 09:39 AM
 
Location: New York City
19,061 posts, read 12,616,178 times
Reputation: 14781
By the way, it should have never gotten to this point. By being a landlord, you should understand that you are a defacto business person, and the State/City will treat you as such and that comes with huge responsibilities and liabilities. You need to take that seriously and handle your tenants in a very business-like manner.

Sure, there may be unfortunate circumstances and the need to cut them a break, but you MUST do certain things in a certain way at all times. Rent is due on the 1st of every month. There should be a grace of no more than 2 or 3 days, after which you must serve a notice of non-payment for your records. If non-payment extends to a second month, you issue an eviction notice immediately, which can be rescinded if the back rent is paid. Understand that eviction proceedings can take many months, and by that time the tenant will probably be even more into debt to you.

These terms should be understood by the tenant AT THE TIME OF LEASE SIGNING. If you aren't careful, people will walk all over you and take advantage of you. You need to take property ownership more seriously or it will cost you a LOT of time and money
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Old 02-04-2016, 06:15 PM
 
Location: NYPD"s 30th Precinct
2,565 posts, read 5,488,423 times
Reputation: 2690
Quote:
Originally Posted by BlakeJones View Post
If they pay you $2K and leave quietly, you won't go after them for the other $8K and will put it writing.
LOL this is New York City; your advice is backwards. It's so pro tenant here that the standard advice is to offer the non paying tenants $2k just to get out.

If you try to tell them that they owe you two grand, they're going to say, "Ok, take us to court and evict us" and then they'll enjoy the next six months rent free while you pull your hair out with the legal system.
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Old 02-04-2016, 06:48 PM
 
Location: West Harlem
6,885 posts, read 9,885,197 times
Reputation: 3060
Quote:
Originally Posted by BlakeJones View Post

These terms should be understood by the tenant AT THE TIME OF LEASE SIGNING. If you aren't careful, people will walk all over you and take advantage of you. You need to take property ownership more seriously or it will cost you a LOT of time and money
I agree.

But anything resembling an illegal lock-out will be far more trouble in the end.

Once someone is living there you must go through procedures.
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Old 06-18-2016, 08:43 PM
 
Location: NYC
1,869 posts, read 1,329,429 times
Reputation: 594
Quote:
Originally Posted by jayden22 View Post
Apparently it takes a year to evict someone
LOL, I am always so amazed about your replies! LOL
A YEAR? lol...you must be kidding, as usual...
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Old 06-18-2016, 08:48 PM
 
5,347 posts, read 7,172,940 times
Reputation: 7158
My aunt had this problem and it took them 2 years before they were evicted. It's a whole process
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Old 06-18-2016, 08:52 PM
 
Location: NYC
1,869 posts, read 1,329,429 times
Reputation: 594
Quote:
Originally Posted by takenwakki View Post
I'm looking for some advice on my tenants not paying and running up their debt over $10k.

My tenants are paying roughly $1,200 and have been unable to pay their rent reliably for the past year due to layoffs and unforeseen medical issues.

I'm a single parent trying to have additional income for my kids but for the past year rent has been overdue and not paid in full with excuses after excuses albeit some are legitimate.

Now their lease is up in November and I'm not quite sure what to do. I'm trying to work out a payment plan by mid Feb, if not have them evicted some how. (how much notice do I have to give them?).

Does anyone have any experiences with nonpaying tenants and how would you suggest me to go about this?

I'm not looking for legal advice nor should I from the internet. Just wanted some opinions on this and having some anticipation of what will need to happen if a payment plan is not worked out.

Thank you in advance!


They owe you 10k in back rent?
How could you have allowed this going on? You should have evicted them long ago.
If tenants do not pay rent and you allow this and do nothing against it, it is hard for you to get reimbursed for it. You have to evict them. Today!
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