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Old 03-26-2015, 05:29 PM
 
2 posts, read 1,726 times
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I am seeking advice for dealing with a troublesome tenant. I have been renting the apartment in NYC to the tenant for 4 years. The least has expired and tenant is on a month-to-month. For the past couple of years, she has been paying her rent late every month (week or two here give or take, paying rent in segments). She claims she has lost her other job and I have been letting it slide (much to my naivety). It has come to a point where she is currently owing rent for the past two months.

She has become infinitely more difficult to work with. I would call to ask about the rent each week and she would start yelling at me, telling me she does not have any money - that her job has not paid her yet and she will call when she does, and telling me to stop harassing her. She is hard to reach over the phone and would hang up if she does not want to talk.

How I can:

1. Obtain the rent money that I am owed
2. Evict tentant from apartment

I have done a lot of reading about the options first sending out a 30 days notice to vacate and then proceeding with holdover processs. However, I read that we cannot accept rent money or else it would void the holdover. Is this true?

The other option I saw was a non-payment proceeding, which I send a three day notice demanding the rent and after that if the tenant has not paid, file a non-payment petition at the court. I read that if the tenant ends up paying for the amount demanded that they would be allowed to continue residing at the apartment, in which case i will have to file the holdover proceedings then?

What are my options here? Do I go with the holdover proceedings to vacate the tenant? What about the rent money owed?

Please help me and thanks all for your help in advanced
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Old 03-26-2015, 08:40 PM
 
Location: The Triad (NC)
32,835 posts, read 77,222,956 times
Reputation: 40997
Quote:
Originally Posted by queenslandlord1 View Post
The least has expired and tenant is on a month-to-month.

I have done a lot of reading about the options first sending out a 30 days notice to vacate
I read that we cannot accept rent money or else it would void the holdover. Is this true?
Don't let getting one month of rent money keep you from regaining possession.
Focus on what is MOST important.
Once they are out... THEN you can go after them for what may be owed.
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Old 03-26-2015, 09:04 PM
 
Location: NYC
16,051 posts, read 25,443,559 times
Reputation: 24808
Best speak to a lawyer than an Internet forum.
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Old 03-27-2015, 03:55 AM
 
Location: Florida
22,990 posts, read 24,537,261 times
Reputation: 27554
Quote:
Originally Posted by veuvegirl View Post
Best speak to a lawyer than an Internet forum.

Why?
The process is pretty standard.
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Old 03-27-2015, 09:46 AM
 
2 posts, read 1,726 times
Reputation: 10
Quote:
Originally Posted by veuvegirl View Post
Best speak to a lawyer than an Internet forum.
Perhaps I will consult with a lawyer later but I'm just trying to get a feel of the situation first.

Quote:
Originally Posted by MrRational View Post
Don't let getting one month of rent money keep you from regaining possession.
Focus on what is MOST important.
Once they are out... THEN you can go after them for what may be owed.
Understood, but can I still demand for the rent money that was owed to me from the previous two months (February and March)?
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Old 03-27-2015, 09:57 AM
 
Location: The Triad (NC)
32,835 posts, read 77,222,956 times
Reputation: 40997
Quote:
Originally Posted by queenslandlord1 View Post
...the rent money that was owed to me from the previous two months (February and March)?
At the practical level... consider this money GONE.
You are owed it and if the tenant is solvent you might actually see it some day.
Good luck with that.

But focusing on that debt will distract you from the larger issues:
1) regaining possession
2) not risking DAMAGES during the interim

Job #1:
Get them out.
Clean/Fix/Make ready for the next tenant.
Get the new tenant in place and paying.

Job #2
Notify the ex-tenant promptly about deposit money accounting
Assess all costs during the interim.
Submit an invoice to them asking prompt payment.

If (ha!) they don't promptly volunteer that money... go to Court.
Get a Judgment.
Wait.
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Old 03-27-2015, 10:01 AM
 
Location: Raleigh
13,195 posts, read 10,613,272 times
Reputation: 19107
Quote:
Originally Posted by old_cold View Post
Why?
The process is pretty standard.
Not in NYC, from what I've been led to believe.
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Old 03-27-2015, 10:08 AM
 
Location: southwest TN
8,569 posts, read 17,253,493 times
Reputation: 16680
Not only is the process different in NYC, but the time spent in housing court and getting an eviction is startling compared to other jurisdictions. 8 months is not unheard of.

So, OP, Queens Housing court is in Jamaica (not the country for others reading this, just a section of Queens).

First, your tenant is not a holdover: no date of move out has been given by either of you. Lease expired does not make it holdover, just month to month.

Your tenant has not paid rent. 3-day Cure/Quit notice and file for eviction asap. The longer you wait to file eviction, the longer you will wait to get the tenant out.

You sue in small claims court for past rent due.
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Old 03-27-2015, 05:11 PM
 
197 posts, read 488,530 times
Reputation: 169
The process is NYC to evict is so HORRIBLE that making one tiny mistake in serving, paperwork, filing, etc... can cost you a few months of an additional delay. My suggestion is that you hire an attorney and the sooner the better. Minimum is 6 months if you are lucky, but they can string a case along for a year or longer before being evicted. The less mistakes you make along the way (experience attorney), the more hair you will have left at the end of the year.
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