Non-Payment of Rent

JRE: Your advice has been most helpful. Thanks very much for your excellent suggestions.

Posted by: janus125 at October 1, 2009 2:59 PM in response to Non-Payment of Rent

This is a case of breaking the lease. We have a month and a half deposit and are doing our damndest to fill the place but it is a tough market out there. And until we find someone else feel that they are obligated to pay the rent since we both freely signed the lease.

Posted by: janus125 at October 1, 2009 12:54 PM in response to Non-Payment of Rent

I appreciate everyone's postings but would like to get the discussion back on track. First, it is a free market apt with a legal signed lease. Second, the tenant does not live there now and refuses to pay what they owe from before and help look for a new tenant. And third, money for them is not a problem. They had excellent credit, money aplenty in the bank, and assets. In short, I think they are just taking advantage of a personal situation.

In addition to Marc Aronson are there other landlord/tenant lawyrers to recommend? Thanks much!

Posted by: janus125 at October 1, 2009 12:08 PM in response to Non-Payment of Rent

I actually own a two bedroom apt in an elevator building that I would like to rent for that length of time. If you are interested let me know and I can send you information. Its in Prospect Heights.

Posted by: janus125 at September 28, 2009 8:48 PM in response to No Fee Elevator Buildings?

I've used Eliezer Kraus on several occasions. His law practice is all tenant/landlord based and he will be able to provide a quick evaluation if your case is worth pursuing. Are you more interested in keeping the tenant and getting your back rent or are you willing to forgive some of the rent due and get your apartment back. I recommend the latter. Kraus phone number is : (718) 677-9523

Posted by: bergenbabe at October 1, 2009 12:24 PM in response to Non-Payment of Rent

Are you talking about a broken lease? Meaning they stopped paying rent and moved out?

Posted by: setancre at October 1, 2009 12:27 PM in response to Non-Payment of Rent

Janus: Just want to mention that if you do proceed with eviction proceedings right away, this will be on their record for the next landlord who may search LT court records and decide against accepting them and therefore taking them off your hands. I would start with a strongly-worded letter from an attorney.

Or, is there a way to embarrass them into paying? For example, if they have an Assistant who answers their phones at the office or if calls go through a switchboard, leave a detailed message about you needing to collect all of the back rent that they owe you or you will begin legal proceedings.

Just a thought - not a very mature one but it may work.

Posted by: bedstuytownhouse at October 1, 2009 12:30 PM in response to Non-Payment of Rent

So janus, this is a broken lease case? Moved out mid-term and stopped paying? How many months left, how high is the rent and how much security do you have? Question is how much money is at stake and whether this is worth litigating. A pure money case, rather than how to deal on an ongoing basis with noncompliant tenants. Keep good records to show you are working hard to fill the place.

Posted by: slopefarm at October 1, 2009 12:30 PM in response to Non-Payment of Rent

A broken lease in Brooklyn? In pragmatic terms, you should just rent it out to someone else and move on. Not satisfying in terms of justice, or even in legal terms, but this is the reality of the situation.

You can try to go after them, but from what I've seen you will probably lose money and time and hair in the deal. And likely never recover anything from them at all.

Posted by: northridger at October 1, 2009 12:46 PM in response to Non-Payment of Rent

I've used Eliezer Kraus on several occasions. His law practice is all tenant/landlord based and he will be able to provide a quick evaluation if your case is worth pursuing. Are you more interested in keeping the tenant and getting your back rent or are you willing to forgive some of the rent due and get your apartment back. I recommend the latter. Kraus phone number is : (718) 677-9523

Posted by: bergenbabe at October 1, 2009 12:48 PM in response to Non-Payment of Rent

If I understand you- they are not living in the apartment? Is their stuff still in it? If they are gone and no longer paying rent, that should constitute a broken lease. They sound awful (and I speak as a tenant myself)- you're well rid of them and will only lose time and money in courts.

Posted by: bxgrl at October 1, 2009 12:51 PM in response to Non-Payment of Rent

This is a case of breaking the lease. We have a month and a half deposit and are doing our damndest to fill the place but it is a tough market out there. And until we find someone else feel that they are obligated to pay the rent since we both freely signed the lease.

Posted by: janus125 at October 1, 2009 12:54 PM in response to Non-Payment of Rent

Janus125 - legally you're right.

But in practical terms, you're not going to be getting anything from a court in this situation. The fact that there's no back rent involved clinches it. Not to sound cruel, but there are judges out there who would most likely laugh you out of court.

Not very fair to the landlord, but that's the way it works in NYC.

Posted by: northridger at October 1, 2009 1:02 PM in response to Non-Payment of Rent

wow. You could have saved a lot of posters from huffing and puffing if you had been more clear about your situation. Long and short: People suck, seems you are screwed, and sadly it's the risk you take being Mister Landlord.

Posted by: MAT at October 1, 2009 2:22 PM in response to Non-Payment of Rent