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curious if anyone's familiar with what needs to be filed once a tenant pays up arrears - the tenant was taken to court paid of arrears before the upcoming court date. Just want to make sure nothing needs to be filed on either end (tenant or LL) before next court date and if either party doesn't show up the marshall's won't go through with eviction.
curious if anyone's familiar with what needs to be filed once a tenant pays up arrears - the tenant was taken to court paid of arrears before the upcoming court date. Just want to make sure nothing needs to be filed on either end (tenant or LL) before next court date and if either party doesn't show up the marshall's won't go through with eviction.
If the arrears are paid then that's it. The tenant just needs to show up at the court date given showing proof of payment and the judge should dismiss the case. The marshall will be notified as well. If the arrears were paid before the next court then that means that the judge ordered a "stay" (I'm assuming an order to show cause was done and accepted) previously and that the marshall should not do anything unless the judge orders the tenant to be evicted. From what you said since the tenant paid the arrears, the case will be dismissed and the marshall should receive a copy of the decision along with the landlord and the tenant. Should the tenant fall behind again in arrears then another case would have to be opened.
curious if anyone's familiar with what needs to be filed once a tenant pays up arrears - the tenant was taken to court paid of arrears before the upcoming court date. Just want to make sure nothing needs to be filed on either end (tenant or LL) before next court date and if either party doesn't show up the marshall's won't go through with eviction.
If tenant pays arrears and LL accepts the funds the latter (or his attorney) should go to housing court before scheduled court date and file a motion to discontinue case based upon payment.
While LL can wait for court date and so same, most won't because they have to pay their attorney to show up in court regardless. If they are doing the legal work themselves it's a crap shoot; do they want to spend a day down in housing court waiting for the case to be called and or doing what they could have easily done via a clerk's office.
Tenants OTOH are often advised to show up in court on named day regardless *unless* they have firm proof their case has been discontinued. Reason being that if they don't show up and the case truly isn't discontinued they can be evicted via default judgment.
If case truly has been discontinued the tenant (and or anyone else) can find out the status by going to clerk's office anytime before the scheduled court date. Armed with a docket/case number the file can easily be looked up to find out status.
Long story short the plaintiff (landlord in this case), who brought the action must also file a motion to discontinue. Defendant (tenant) must make sure this was done, otherwise should show up in court on scheduled day bringing all paperwork showing proof of payment.
If LL does not discontinue action and tenant shows up at court but LL/their attorney does not when case is called tenant can show judge proof of payment and request case be closed in their favor. Some judges will do this right then, others will give more time for the LL/their lawyer to show up and schedule the case for a "second calling". Judges do this also the other way around, that is if the tenant isn't there when case is called.
These are all old from 2009. Fast forward to 2019 it takes much longer.
My neighbor relied on rental income to pay their mortgage (600k). Their tenant never paid after moving in and lived around a year rent free. When tenant was finally out they just sold their house and moved to PA stuck with debt.
*First the Notice
*Then the court date. (4 weeks)
*Then tenant needs a lawyer (+8 weeks to find herself a lawyer)
*Then tenant needed time to find a new apt (judge gave her +12 weeks)
*After 12 weeks - need to schedule new court date (+3 weeks)
*Then tenant showed a lease to another house (-probably fake-), that starts in three months. (Judge gave another 12 weeks).
*After that need to schedule another court date. (+3 weeks)
*Finally Tenant did not show up to this last court date!! So judge issued default judgment!
*Then +6 weeks for marshal to come.
(Tenant left 1 week before marshal).
4+8+12+3+12+3+6=48 weeks to live rent free, and costed landlord thousands in legal fees.
These are all old from 2009. Fast forward to 2019 it takes much longer.
My neighbor relied on rental income to pay their mortgage (600k). Their tenant never paid after moving in and lived around a year rent free. When tenant was finally out they just sold their house and moved to PA stuck with debt.
*First the Notice
*Then the court date. (4 weeks)
*Then tenant needs a lawyer (+8 weeks to find herself a lawyer)
*Then tenant needed time to find a new apt (judge gave her +12 weeks)
*After 12 weeks - need to schedule new court date (+3 weeks)
*Then tenant showed a lease to another house (-probably fake-), that starts in three months. (Judge gave another 12 weeks).
*After that need to schedule another court date. (+3 weeks)
*Finally Tenant did not show up to this last court date!! So judge issued default judgment!
*Then +6 weeks for marshal to come.
(Tenant left 1 week before marshal).
4+8+12+3+12+3+6=48 weeks to live rent free, and costed landlord thousands in legal fees.
Sickening. I'd kill someone if they did that to my family. No fair recourse in the courts, so it's the only option.
These are all old from 2009. Fast forward to 2019 it takes much longer.
My neighbor relied on rental income to pay their mortgage (600k). Their tenant never paid after moving in and lived around a year rent free. When tenant was finally out they just sold their house and moved to PA stuck with debt.
*First the Notice
*Then the court date. (4 weeks)
*Then tenant needs a lawyer (+8 weeks to find herself a lawyer)
*Then tenant needed time to find a new apt (judge gave her +12 weeks)
*After 12 weeks - need to schedule new court date (+3 weeks)
*Then tenant showed a lease to another house (-probably fake-), that starts in three months. (Judge gave another 12 weeks).
*After that need to schedule another court date. (+3 weeks)
*Finally Tenant did not show up to this last court date!! So judge issued default judgment!
*Then +6 weeks for marshal to come.
(Tenant left 1 week before marshal).
4+8+12+3+12+3+6=48 weeks to live rent free, and costed landlord thousands in legal fees.
And people wonder why rents are so expensive in NYC. A landlord has to have enough cash reserves to sustain when the laws are so tenant favored. The situation described above constricts supply and requires the landlord to attempt to make up for their losses by requesting higher rents.
These are all old from 2009. Fast forward to 2019 it takes much longer.
My neighbor relied on rental income to pay their mortgage (600k). Their tenant never paid after moving in and lived around a year rent free. When tenant was finally out they just sold their house and moved to PA stuck with debt.
*First the Notice
*Then the court date. (4 weeks)
*Then tenant needs a lawyer (+8 weeks to find herself a lawyer)
*Then tenant needed time to find a new apt (judge gave her +12 weeks)
*After 12 weeks - need to schedule new court date (+3 weeks)
*Then tenant showed a lease to another house (-probably fake-), that starts in three months. (Judge gave another 12 weeks).
*After that need to schedule another court date. (+3 weeks)
*Finally Tenant did not show up to this last court date!! So judge issued default judgment!
*Then +6 weeks for marshal to come.
(Tenant left 1 week before marshal).
4+8+12+3+12+3+6=48 weeks to live rent free, and costed landlord thousands in legal fees.
The new law extended the time to find new apartment from 6 months to 12 which means that lucky 48 months due to tenant not showing up would now be 72 months.
It just took us more than 70 weeks to finish evicting one. To compensate, we are bumping our credit requirements way up whereas we used to do it case by case.
Since it is cheaper to leave it empty than risking it on someone, we'll rather take a few months to find someone.
Also dumb is how programs are paying higher rent than market rent. It pushes all regular working joe out while having all these poor folks around that really can't afford it at all even the couole hundred they are responsible for.
I don't think these politicians understand the consequences of their actions.
I don't think these politicians understand the consequences of their actions.
They absolutely understand the consequences. Increasing low income/poor trash that can be bussed to the polls is how these people keep their jobs. They don’t care how it affects you.
And people wonder why rents are so expensive in NYC. A landlord has to have enough cash reserves to sustain when the laws are so tenant favored. The situation described above constricts supply and requires the landlord to attempt to make up for their losses by requesting higher rents.
Totally correct. As everyone on this forum knows, I have a small unit in Parkchester, the Bronx, which I used to rent out. Compared with stories on this forum, my problems with tenants weren't even all that horrible (I did have to initiate one eviction - which I did immediately after one unpaid rent - but then the guy returned the apartment keys and disappeared, so I did not have to go through the whole thing) - but anyway, my tenant problems weren't ever catastrophic. Nevertheless, the issues were annoying enough to make me stop renting the apartment - now it mostly sits empty, except that I crash there for a week or so when I feel like going to NYC.
Parkchester is about 80% rental and 20% owner-occupied. The largest rental apartment owner is the developer that bought most of the complex, has been fixing it up and managing it for the past 20 years. But, a lot of the rental units (I think about 30%) are also owned and rented out by private owner-investors. Direct rentals from Parkchester do not include any Section 8 or any subsidized programs, and they screen the lease applicants very intensely, but I don't know how many private owners are that rigorous (all leases, including those by private unit owners, have to be approved by Parkchester, but some owners in the past have been desperate for tenants, so I have heard that there has been some amount of breaking of the condo association rules, and not registering tenants - not sure how much of that still goes on).
While these rules do markedly reduce the presence of scum in Parkchester, evictions are still not rare. I think Parkchester lawyers have thoroughly mastered the system, so it is not hard for the large Parkchester developer to deal with evictions - however, I wonder how the small private investors can manage them. I have recently had a chance to see the list of private investors in Parkchester, and was amazed to see that a sizable majority of these are Chinese! (amazed because fairly few Chinese actually live in Parkchester - the residents are mostly Puerto Rican, Dominican, Afro-American, and immigrants from South Asia and to a lesser extent Africa). I wonder how Chinese small business deals with eviction problems for non-payment of rent, considering that the Chinese business community evidently has a major niche in renting to lower-income tenants.
Sickening. I'd kill someone if they did that to my family. No fair recourse in the courts, so it's the only option.
There is a Parkchester story on that subject too. As people probably know, Parkchester has a large South Asian community. They are generally very decent people, often involved in small business, known for being heavily invested in having their kids well educated, and one certainly does not hear about them being involved in legal irregularities or crime. But there used to be a very well known and successful young Pakistani realtor who had an office (and a lot of real estate business) in Parkchester. His name was Zakir Khan. He was living with his wife and kids in a house in Throggs Neck that he was renting from another, considerably less prosperous or famous, guy from Pakistan (I think this other guy was a cab driver but am not sure). Well, it appears that Zakir Khan bankrupted during the recession, and stopped paying rent, while continuing to live with his family in this other guy's house. The guy spent about a year trying to evict him - without success, of course (I think there was a factor involved of this other guy being not an experienced landlord, speaking a limited English, and not being proficient with housing law). The guy apparently went to the police and begged them to do something because he could not bear the situation any more and was worried that he would do something to Zalir Khan, but the police of course told him that it was not a police matter. Well, finally this poor guy completely lost it, and stabbed Zakir Khan about a million times, in front of Khan's child! Then he calmly turned himself in, telling the police that the eviction IS a police matter now... Google Zakir Khan if you want to read more about it, quite a story! Incidentally, there was (probably still is) a crowdfunding site that somebody set up for the family of the guy that did the stabbing (and was apparently a quiet family man, with no evidence ever before that he could be driven to killing someone) - you can contribute anonymously if you feel for the guy....
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