What to do about late rent? When to Evict?
I have a 2 family house, and my tenant who moved in in February has been late with every month’s rent since the first month. He also bounced checks for the first two month’s rent, so we now only accept cash or money orders. This month is the worst so far – it’s the 26th,…
I have a 2 family house, and my tenant who moved in in February has been late with every month’s rent since the first month. He also bounced checks for the first two month’s rent, so we now only accept cash or money orders. This month is the worst so far – it’s the 26th, and we’ve only received a third of the rent. What are our remedies? At what point does non-payment become grounds for eviction?
while 9:52 made a lot of sense, I wouldn’t necessarily say “avoid housing court” This is indeed a contract that needs to be treated as such. Take it from a landlord that FINALLY evicted a tenant. The longer you allow poor behavior to continue, the longer it will take to remedy the situation.
Here’s a guide to Landlord/Tenant eviction processes.
http://www.courts.state.ny.us/courts/nyc/housing/pdfs/Landlordbooklet.pdf
Read it thoroughly. And if you’re not comfortable doing things yourself, get an Attorney FAST!!!!
I think 9:52 made the most sense.
You don’t have to put up with late rent. The deal is you provide the apartment and services and the tenant pays…. on the first. You just don’t deal with it, period. Go to Tenant Landlord court and file for an eviction due to non payment. Some landlords do this on the 2nd of the month. Explain to the tenant that you are going to do this and that they can remedy the situation by paying every month on the 1st and if they don’t pay you will be back in court. This doesn’t have to be a psychodrama. A poster above is right – this is a contract. Period end of story. Set the limits and you will be fine. The tenant needs to pay you first – before the cable, the credit card, the light bill. The other thing is that another poster said that you need to screen, screen, screen. This is 90% of the “battle.” Get good tenants, set the parameters and you will all be happy.
alrighty for all you midwestern brooklyn homesteaders… THIS IS NEW YORK. Tenants have ALL the rights. At this point, the OP needs to get tough, and tell the tenant, that this is unacceptable, that while he understands that the person has difficulties, the tenant cannot let their problems become the landlords problem. You have bills too. That rent needs to become a priority, and you will move forward with an eviction if this doesnt change. Give the guy till 1st week of July to get the rest of june and july or your going to move for evicition.
Either way as a landlord your screwed, you will probably be out rent and have to pay an attorney to evict. As a poster mentioned above, do not delay, trying to work it out and postpone the hassel of filing papers will only put you in a worse position.
Also in the future. You can be nice to your tenants….but you need to be tough, let them know you wont tolerate lateness or non-payment. That you will start eviction procedings immediatly.
did you have late fee and bad check fee clause in your lease.
Try to avoid housing court.
Don’t accept partial payments.
Talk to tenant without mentioning eviction.
Talk to them as if your their friend and explain to them they can’t afford the rent and they should start looking for a less expensive apartment. If things get really bad offer them some money to move.(last resort)
If you go to housing court it could cost you a years rent and they will learn tricks associated with evictions. Things are broken in the apartment and so on, its a maze of trouble and don’t forget about legal fees.
Next time run a credit check and try to talk to previous landlord and visit their home. Ask for more security deposit and get cosignors if possible.
Good luck
There’s some landlord’s group on-line you can join. There’s a way to report the late rent to a credit agency, and notify the tenant you are doing so. That way, he knows this is going on his permanent credit history, and that may make him think twice if you had previously checked his credit and it was fine.
That’s too bad. I feel for you. I’d start the eviction process right away. Don’t be too down on yourself. Let it be a learning experience and SCREEN, SCREEN, SCREEN your future tenants. Good luck!
That’s weird, I had no idea that a tenant can get away with that. I was always under the impression that if you don’t live up to your part of the deal in a contract — i.e. pay rent on time — you’ve breached your contract and you’re not only evicted/fired etc., but you are also going to be at risk of a law suit.
I also heard that there’s what’s considered a reasonable delay, I think it’s till the 15th of the month, before a landlord can consider you late in payment and start action against you.
Anyway, I guess I’ve been a dummy. i’ve always been so paranoid about being late with rent. I could’ve totally kicked back and let a month go by!
Just kidding. What a horrible spot to put a landlord in.
Ps. Just wondering — has the tenant filed any complaints against you? i.e. you haven’t fixed that faucet, etc…. If not, you’re in great shape to kick the mofo out. HOWEVER, do so fast, before the brat decides to wisen up and start some official list of complaints against you.
PLEASE, don’t let it go too long or you will end up with this tenant in your house much longer than you anticipate. I am going through something right now. Believe me it is not plesant.
Talk to a lawyer NOW!!