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January 23, 2008
Non-payment of rent
For landlords who have taken a tenant to housing court, did you use a lawyer to prepare the forms? Or did you prepare them yourself? The housing court website mentions that landlords who own a one or two family house may use this service to prepare the non-payment forms: https://npado.org/login_form?template_id=template.2007-11-14.3105494275
but is that only for low-income owners?
If you prepared the forms yourself, did you require a lawyer at all?
Thanks
Comments
If you don't feel like shelling out $1,200 bucks or more for a lawyer, and you're sure you have an IRON CLAD Case to get your tenants out, use the Pro-se attorney at housing court. BUT MAKE SURE EVERY SINGLE FORM IS FILLED OUT CORRECTLY & THOROUGHLY. Ensure there are no violations/problems, etc with the registration of your home. i.e. it's officially a 2 family and you ONLY HAVE 2 Families living it the house. Make sure you follow proper procedures for a Holdover Eviction proceeding, etc. Use a licensed server to get the papers to your tenant. You screw up on ONE THING, and the case gets thrown out on the spot, and you have to start all over.
It all begins with a 30 day notice. If rent is due on the 1st of March and you want them out by the 1st of April, you'd better make sure they receive that letter no later than Feb. 28th!
Good Luck! I went the the same process. It was a hassle, leaving work to be at court, etc. But it is simple enough that you can do it yourself.
Posted by: guest at January 23, 2008 11:24 AM
You can definitely fill the forms out yourself. I did!!
Posted by: faithful at January 23, 2008 11:26 AM
In the future you could keep an attorney on a $1500 retainer in case something like this happened again. That way it's just one phone call and bam, you put everything into motion. Your time is money too, so is any anxiety and how it occupies your thoughts while at work. Good luck, hope it's resolved smoothly.
Posted by: guest at January 23, 2008 11:53 AM
to OP
11:24pm is giving accurate information.
That person knows the ropes.
The pro se department will assist you.
NY court system is pro is tenant.
Remember when the finalization documents are signed by both parties and you don't understand the language or implications of the document,--- request from the judge a legal assistant to go over it with you.
Legal assistant will protect your rights automatically.
DO NOT keep a lawyer on a retainer except if you are a big landlord with zillions of properties.
You will end up in the poorhouse.
Very bad advice.
Once you learn how to do it yourself, it gets easier and goes rather smoothly.
The first time is a little intimidating but you can do it.
Good Luck
Posted by: Ysabelle at January 23, 2008 3:19 PM
Just curious, Did you ever do this yourself Ysabelle? do you have tenants?
Posted by: guest at January 23, 2008 4:12 PM
I'm 11:24. Sorry, I wasn't able to sign in earlier. I had to do this myself. (not a pleasant experience) Ysabelle is completely right in saying the courts and laws are pro tenant. But take that with a grain of salt. Judges are not fools. And they can readily spot a tenant trying to take advantage of a living situation. That said, you ABSOLUTELY must have all your 'ducks in a row'.
I consulted with an attorney first, but just couldn't swallow the fee. Here is a resource that can be fairly helpful.
http://www.nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf
I used it along with the help of the pro se attorney.
From start to finish, I ended up with the tenants getting out, saved on the atty fee, and only had the apartment vacant for 1 month, and ended up with the tenants from HEAVEN!. It can work for you
Good Luck.
Posted by: PutnamStoner at January 23, 2008 4:32 PM
First of all, I am a lawyer and having seen how Brooklyn Housing Court works on several occasions, I wouldn't for anything in the world set foot in there without an experienced shark on my side.
Second, I have used a couple different firms and wasn't very happy with either (both were expensive and not very responsive). So I just finally switched to the firm recommended by RSA (the Rent Stabilization Association), Horing Welikson & Rosen - 516-535-1700 - and though they are just starting on two actions for me, they are already much more professional and responsive than the last couple firms (returned calls within two hours each time I've called).
Ask for MaryAnne, the office manager and she will explain the program to you. They have a flat fee schedule for most housing court related actions and they will go to work on a $450 retainer (that is cheap!). It is only $59 for the required 3 or 5 day notice and the rest of the prices make me feel like the old firms were ripping me off.
Anyway, I don't work for these guys but they are the first firm I've used that makes me feel like I'm not just getting jerked around by a Kafkaesque system designed to ruin my life. I'm not a big landlord, but have about 8 apartments.
Still, my last thought is this: if you don't enforce your rights, you risk losing them.
Posted by: MaxOthermoxx at January 23, 2008 4:37 PM
To 4:12pm
Yes I have tenants and I have done this myself.
It was scary at first because i did not want to make any mistakes and start the process all over again.
I have been a tenant and a landlord in ny.
I have experienced both sides of the fence.
Either way I could write volumes on the subject.
Creative thinking goes a long way to resolve either way efficiently.
Posted by: Ysabelle at January 23, 2008 5:10 PM
Wow, a Lawyer recommending another lawyer! That's novel. I think Putnam Stoner and Ysabelle are leading you the best. Don't bother with the atty if you're so inclined to do it yourself. If you don't have the time or energy to be bothered and can afford it, by all means get an atty!
but mind you that each time that lawyer has to be called in to court, you're going to get charged. And it aint gonna be cheap. The paperwork in and of itself is relatively simple to fill out.
If you don't mind me asking, what is the reason you're taking your tenants to court? Is it a holdover or non-payment? They are two different things. If it's a simple non-payment it's a no brainer. Holdover cases are MUCH MORE DIFFICULT to work out. Think it through, but don't make a hasty decision.
Posted by: guest at January 23, 2008 5:16 PM
Please keep all your receipts for payment to the housing court.
You might be able to use it as a tax deduction.
Posted by: Ysabelle at January 23, 2008 5:17 PM
I took a tenant to court and hired an attorney. I know people get a little “sensitive” about attorneys and of course having to shell out the funds is not something to look forward to, but knowing what I have learned over the years working with attorneys, for me it was the better approached. As been said, the laws are pro tenant, however, many attorneys practice in the same courts everyday; they know the law, the judges, their clerks [and what they look for]. My attorney made most of the appearances. I kept a log of everything that was going on at my house with the tenant (really bad), and would call, email, fax information to the attorney– I think I only missed work one time. I heard so many horror stories about how long it would take to get the tenant out – but we did it, even though there had been a lease. Although I know it took mostly praying, I could/would have never been able to get the papers drawn and into the court as fast as they did. Once, the tenant stayed one day over their agreed upon time, the warrant to the marshal, which had already been drawn,(to evict) was in motion. All said, either way it’s not a pleasant situation – but the faster I was able to get through it the quicker I could get back to “life.” I hope the same for you!!!! Bedstyliving!
Posted by: guest at January 25, 2008 2:27 PM
I went to housing court once when I was an owner rookie. I inherited a difficult tenant who overstayed her lease when I bought the house and hired an attorney. The attorney was a real case himself, it cost me 1200 dollars, but he managed to help me successfully to evict a tenant. Fortunately, I have great tenants now. God forbid I should have to go through that again, but I would file the papers myself with the help of the housing court. If you decide you want to go the lawyer route, Marc Aronson (not the attorney I hired) is a competant tenant/landlord lawyer.
Posted by: donatella at January 27, 2008 2:38 AM
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