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Old 02-02-2016, 10:57 AM
 
17 posts, read 133,380 times
Reputation: 16

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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!
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Old 02-02-2016, 11:26 AM
 
Location: NYPD"s 30th Precinct
2,565 posts, read 5,517,021 times
Reputation: 2692
First, is this a legal apartment?

Tell them that they need pay their outstanding balance, in full. Get in touch with an attorney who can guide you through the eviction process.

New York City is generally very pro-tenant, so this is not something I'd suggest trying to do by yourself, without an attorney.
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Old 02-02-2016, 11:37 AM
 
17 posts, read 133,380 times
Reputation: 16
Quote:
Originally Posted by Febtober View Post
First, is this a legal apartment?

Tell them that they need pay their outstanding balance, in full. Get in touch with an attorney who can guide you through the eviction process.

New York City is generally very pro-tenant, so this is not something I'd suggest trying to do by yourself, without an attorney.
Yes, this is a legal apartment and we have receipts and letters of late payment and current outstanding balances signed.

How are the costs and length of the eviction process normally?

Again I'm not looking for legal advice, just personal experiences and what to be mindful of.

Thank you
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Old 02-02-2016, 01:07 PM
 
1,039 posts, read 1,159,657 times
Reputation: 817
Quote:
Originally Posted by takenwakki View Post
Yes, this is a legal apartment and we have receipts and letters of late payment and current outstanding balances signed.

How are the costs and length of the eviction process normally?

Again I'm not looking for legal advice, just personal experiences and what to be mindful of.

Thank you
Do they live with you? is this a single family house, coop or condo. What type of place is it.

it is hard to get them out. It gets harder depending on arrangement.
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Old 02-03-2016, 08:13 AM
 
2,301 posts, read 1,887,699 times
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Apparently it takes a year to evict someone
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Old 02-03-2016, 08:30 AM
 
1,039 posts, read 1,159,657 times
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Out in Suffolk Landlords now do month to month leases only in some buildings even though tenants can stay for year and rents dont change month to month.

Easier to get a deadbeat out when lease is over.
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Old 02-03-2016, 11:10 AM
 
Location: Brooklyn New York
18,478 posts, read 31,653,017 times
Reputation: 28018
you need an eviction lawyer that only handles evictions
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Old 02-03-2016, 01:19 PM
 
15,590 posts, read 15,684,170 times
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Two questions occur to me.


One is, I'm always dying to find out how well the landlord vetted the tenants before accepting them. Granted, disasters can always strike, but I'm always surprised at how many landlords don't do thorough checking beforehand.


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.
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Old 02-03-2016, 01:34 PM
 
1,998 posts, read 1,883,309 times
Reputation: 1235
Quote:
Originally Posted by Cida View Post
One is, I'm always dying to find out how well the landlord vetted the tenants before accepting them. Granted, disasters can always strike, but I'm always surprised at how many landlords don't do thorough checking beforehand.
Given the low rent and OP has not mention having contact with real estate agent. I would say the property isn't in a desirable area and it attracts certain low quality tenants.

I would also venture to question the validity of OP's post as it rather astonishing someone can owe you over $10k and you have not immidetaly lawyered up. Being a landlord is a business, you are not running a charity here (nonprofit organization).
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Old 02-03-2016, 03:44 PM
 
31,927 posts, read 27,007,597 times
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Quote:
Originally Posted by Cida View Post
Two questions occur to me.


One is, I'm always dying to find out how well the landlord vetted the tenants before accepting them. Granted, disasters can always strike, but I'm always surprised at how many landlords don't do thorough checking beforehand.


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.

Yes, *all* evictions in New York go through housing courts/legal process. This applies to market rate and rent control units.


The idea is to prevent many of the abuses that occurred in past, such as tenants being locked out, being put out on the street etc... You know, those sort of things you see in old movies.


IIRC the only person who can evict tenants in New York are marshals or other officers of the law/courts. Any landlord that locks out a tenant or otherwise illegally evicts regardless of the circumstances being in their favor, is a dead duck legally.


Do illegal evictions still happen? Yes, but mostly it is to those ill informed and or otherwise frightened of making a fuss (renting an illegal apartment, illegal aliens, etc...), so they simply accept and move on.
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