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Old 07-09-2020, 03:37 PM
 
29 posts, read 13,931 times
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Can someone describe the process of evicting a tenant in NYC if they are not paying rent?
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Old 07-09-2020, 03:57 PM
 
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Lawyer files with court. Tenant is notified. Court date can be month or two from that point. And once you get in front of judge, they can set up further dates because they want to give tenants enough time to get stuff together. Tenant's lawyers know how to make excuses to postpone any decisions or give their client more and more time.

So the process can take a long time, and your tenant can be there without paying for a long time. It took my company 5 years to evict one tenant. She had welfare paying a portion, but she never paid hers share.

If you talk to a lawyer, they can give you horror stories.
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Old 07-09-2020, 04:08 PM
 
Location: Huntsville Area
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I had a problem tenant who was running a drug house. Got a letter from the District Attorney that they had to go or the county was going to take possession of the house.

I paid $320 in court costs, filed a simple writ and a court date was setup 3 weeks later. The defendant was a no show and I got a default judgement. Often, the defendants will show up for court and ask for continuances--2-3 times.

But in our state, the defendant is given a "grace period" of 3 weeks after the default judgement so they don't get thrown out on the street as homeless. If they don't leave voluntarily, you have to file with the court again and the judge issues an order to the sheriff to have a deputy present while my people move all the defendant's belongings to the curb. And getting an appointment with the sheriff may take a week or two.

All the while, the process is slanted toward the rights of the deadbeat defendant. After all, they're voters too, and our judges are elected.
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Old 07-09-2020, 05:41 PM
 
Location: Raleigh
13,707 posts, read 12,421,072 times
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Quote:
Originally Posted by anonlandlord View Post
Can someone describe the process of evicting a tenant in NYC if they are not paying rent?
Hire an attorney. An NYC rental court is no place for an amateur, especially amateur landlord.
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Old 07-09-2020, 07:34 PM
 
Location: los angeles county
1,763 posts, read 2,046,397 times
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damn, and i thought cali was hard.
NYC sounds pro-deadbeat.

always make sure you ruin their credit report and renew any judgments before the statute of limitations expires, even if you can't collect on them later.
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Old 07-09-2020, 08:29 PM
 
Location: southwest TN
8,568 posts, read 18,103,591 times
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I know of 1 situation where the tenant remained for 8 months after the order to evict. Hire a lawyer.
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Old 07-09-2020, 08:53 PM
 
17,874 posts, read 15,932,559 times
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Originally Posted by oh come on! View Post
damn, and i thought cali was hard.
NYC sounds pro-deadbeat.

always make sure you ruin their credit report and renew any judgments before the statute of limitations expires, even if you can't collect on them later.
I always hear everywhere is easier than NYC. NYC is tenant town afterall. Gotta please those voters. They are even freezing the rent again for another year.

https://www.cnn.com/2020/06/18/polit...eze/index.html

And Covid-19 has only made harder for LL

https://ny.curbed.com/2020/3/26/2119...orium-covid-19
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Old 07-09-2020, 09:17 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,896,476 times
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Quote:
Originally Posted by anonlandlord View Post
Can someone describe the process of evicting a tenant in NYC if they are not paying rent?

A lot depends on whether the unit is rent stabilized or not.


Is it?
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Old 07-10-2020, 04:28 AM
 
29 posts, read 13,931 times
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No, it is not rent stabilized, it is in a private 2 family house.
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Old 07-10-2020, 04:34 AM
 
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let a lawyer handle .. one slip up like even not serving them notice properly ,can invalidate your court date sending you back to square one months later .
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