Non-Payment of Rent
Greetings Brownstoners, I am in the uncomfortable situation of having to deal with tenants who refuse to pay rent. There is nothing wrong with the apt. and their reasons are personal (rather not get into it here). So am considering non-payment proceedings. But I have heard that courts favor the tenant. It seems like a…
Greetings Brownstoners,
I am in the uncomfortable situation of having to deal with tenants who refuse to pay rent. There is nothing wrong with the apt. and their reasons are personal (rather not get into it here). So am considering non-payment proceedings.
But I have heard that courts favor the tenant. It seems like a clear case to me, but I’d like to hear what others have experienced.
Also, if anyone has an excellent attorney to recommend I’d greatly welcome the referral.
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
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!
Sorry to see this post is turning a little ugly…
Minard I’m with you, The last thing you want to do, as a small portfolio owner, is go Section 8 on your properties. I knew a man who had to be hospitalized for nervous condition after dealing with a particular Sec 8 tenant in a multi family building he owned. He eventually sold the place because he feared continued ownership would result in his premature death. I do not want to condemn the program, because it does work out for many, however, I would not suggest it as a fix for a first time non payment issue.
The Human Resources Administration (aka welfare) will pay someone with an open Public Assistance case a monthly rent stipend of a very low amount. Ten years ago it was something like $200/month, and I doubt that it’s increased much. If your tenant has a family with a child, they might qualify for Jiggetts relief, which would up the rental payment to around $550/month. (If the recipient is not paying the rental stipend, the landlord can ask that HRA cut a check directly to him.) And sometimes HRA will grant an applicant a “One Shot Deal,” (i.e., pay a couple thousand in arrears) if the tenant can show she got behind (when lost a job, etc.), but has the ability to pay the full amount of the rent in the future. Somehow, though, I doubt any of these apply to your situation.
One word of advice: do not lock the tenants out. Period. You’ll create even more problems (including potential jail time for yourself) than a non-pay or holdover case in housing court.
no im not advising them to do that, duh. it’s just an option if they cant get them out, i dont know. sorry didnt mean to call you that.
*rob*
Minard (or I ask again, is it Sam), there are a very large number of private homes in NYC that accept Section 8 tenants. I notice your posts tend toward sweeping pronouncements of doom and gloom for the LL and buyouts for the tenants. Just curious, have you ever been in housing court yourself?
Rob, you’re suggesting that someone turn their private home into section 8 housing? And you’re calling me a moron?
PS: That’s an awful thing to call someone by the way.
quote:
I have never heard of the city paying anyone’s rent in a private building. They will, in extreme cases, give you real estate credits off your taxes, but that’s all I ever heard being done.
moron, i mean minard, do you KNOW how section 8 works? any landlord who owns any sized building can make it section 8 if they choose. section 8 is ALL private owned buildings, duh. it’s not affiliated with the new york city housing authority (which deal with city projects) section 8 is a federal program. it’s what has turned thousands of suburbs across america into the new ghettos.
*rob*
I know of a landlord whose rent-stabilized tenant has NEVER paid the rent without at least being served legal papers (most often having to drag her into court) in the four years he has owned the building. She apologizes, coughs up the rent (often with the aid of the taxpayer) and starts the cycle again.
He served eviction papers in February, and she pleaded mental disability (“depression”). The landlord is still waiting for a decision (after 2 months) on his motion for summary judgment.
She offered to vacate voluntarily in return for $250K.