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Old 02-14-2021, 03:41 PM
 
Location: Earth
7,643 posts, read 6,471,209 times
Reputation: 5828

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Quote:
Originally Posted by bobbyaxe View Post
I have a tenant paying late (on the 15th) and only half the rent with no really good reason. They didn't lose there job or anything either. If they had a valid reason I would not be thinking about it.

They are just taking advantage of the fact that evictions are not happening but I am pretty sure I can start the case now.

Should I start an eviction case now?

I know if open a case I will not be getting ANY money at all after that.

Should I wait it out or start the process now?

This has been going on for months and I am fed up, esp when I have other tenants pay in full on time every month.

Any help would be appreciated.

yes
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Old 02-14-2021, 04:47 PM
 
5,450 posts, read 2,714,443 times
Reputation: 2538
Quote:
Originally Posted by Bklynball View Post
No one's getting evicted until 2022. Anyone who's paying full rent right now is a full blown ******* (including myself).
So are you considering shorting it a little? Maybe the 3/4 thing?
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Old 02-14-2021, 05:42 PM
 
22 posts, read 17,587 times
Reputation: 44
I am an landlord I would say to wait it out first before acting, at least give a month or two. this is becuase they gave you some money, I would be worry if they had not given at all, which means that had intention to pay you, you should follow up by saying whats the payment plan ahead. good luck.
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Old 02-14-2021, 07:08 PM
 
Location: The Bronx
870 posts, read 413,188 times
Reputation: 1129
When is the lease expiring?
Just don’t renew it.
If they have been in the apartment for a year you need to give them a 30-day notice of. On-renewal, if the lease was two years or more it is 90 days if I am not mistaken.

I went through that it was hell, but the fight is worth it.

It may be a better option to drag it out and not renew the lease, otherwise like you said you may end up with nothing at all and it may take longer. If the lease expires and they’re still in the apartment it may be much easier to kick them out as they become squatters.
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Old 02-14-2021, 07:09 PM
 
Location: The Bronx
870 posts, read 413,188 times
Reputation: 1129
Quote:
Originally Posted by 07490 View Post
I am an landlord I would say to wait it out first before acting, at least give a month or two. this is becuase they gave you some money, I would be worry if they had not given at all, which means that had intention to pay you, you should follow up by saying whats the payment plan ahead. good luck.
I agree, though it is annoying as hell to know this is gonna be the pattern every single month.
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Old 02-14-2021, 07:18 PM
 
3,130 posts, read 2,724,468 times
Reputation: 2458
I agree with 07490. The eviction process will take sufficiently long that you might as well just not renew. (You should also keep in mind that even if you were able to evict swiftly, you wouldn't be able to rerent at the same price, so how much are you actually losing? With a likely vacancy period before rerental, half might not be so bad.)
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Old 02-15-2021, 04:20 AM
 
494 posts, read 557,287 times
Reputation: 416
They will never pay you what they owe you willingly. Give them the option to move out or pay full rent with additional monthly installments of the past rent. Let them know you will starting eviction proceedings if not paid in full. That is something that will stay on their record and follow through because they will drag this out as far as they can. And remember if you accept any partial rent going forward you can't evict them. They are either smart knowing you can't evict a tenant with partial payment or they are afraid to have an eviction on their record if they pay $0. If you don't get this solved now you can expect half rent until 2022. Also document everything. If you have his stupid response in a text message or email that would be best. In fact I would start off with a message after the next payment telling him you really need to know why he hasn't paid in full the past 6 months and when can you expect him to pay you. Once you have his stupid responses documented then start proceedings. In court he can say hardship due to covid, you need his response so you can prove he just didn't want to pay, no hardship at all.
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Old 02-15-2021, 05:53 AM
 
1,034 posts, read 445,679 times
Reputation: 1251
Quote:
Originally Posted by jonbenson View Post
So are you considering shorting it a little? Maybe the 3/4 thing?
I told you I'm an idiot. I'm still paying in full.
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Old 02-15-2021, 06:14 AM
 
106,568 posts, read 108,713,667 times
Reputation: 80058
All a tenant has to do is declare bankruptcy and they owe you nothing ....not only that the judge can award them more time on your dime to get their life together
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Old 02-16-2021, 06:29 AM
 
1,034 posts, read 445,679 times
Reputation: 1251
Quote:
Originally Posted by mathjak107 View Post
All a tenant has to do is declare bankruptcy and they owe you nothing ....not only that the judge can award them more time on your dime to get their life together
How many landlords actually collect on back rent after an eviction proceeding? It has to be virtually zero.
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