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 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.
At the moment, the courts are extremely reluctant to evict anyone from their rental home. Ultimately it will come down to a buy-out. that’s what most Brooklyn “evictions” really are. It’s not great for the home-owner. Everyone with good tenants should be grateful.
is there a way you can switch them over into section 8 tenancy? then at least youd be guaranteed a large portion of your rent, up to 2200 dollars. are they poor and cant afford the rent? did they just lose their job or something? are they just professional leeches? there’s too many variables you left out for anyone to steer you in any one direction other than probably get a lawyer.
*rob*
Good Luck, not much to add as Poster jre has given you some golden advice. There are habitual “movers” out there who know how to work the system down to the last detail, they will eventually move out, usually in the middle of the night, once they know that the court supported time frames condoning their chicanery are drawing to a close. Going forward, proper credit checks may save you some heartache.
I know quite a few landlords who have tenants that are not paying the rent now. It’s a terrible situation. If your tenant is truly financially unable to pay their rent, refer them to the Human Resource Administration (HRA). If they can show that they don’t have the money to do it, the city may temporarily pay you the rent directly. I know it doesn’t fix things long term, but at least you’ll see some money.
You’re in for a long process. If your tenants are looking for a buyout you should negotiate that with them through an atorney, that is probably the fastest and ultimately the cheapest way to go. The courts only evict after they have explored every altenative and put the owner thropugh the ringer, this is not a landlord-friendly city. It’s a huge pain, you will wonder why anyone bothers to pay their rent.
JRE’s questions and suggestions are excellent. The answers will determine how
best to proceed. Also important to understand is JRE’s point that the system is easily manipulated. Consequently, even if your case is strong and you are ultimately successful, it’s likely that much money and many months will be spent at the effect of manipulation by the tenants and attorney representing them. Whether you represent yourself or retain an attorney, the success of your case relies not only on its merit, but on meeting the court’s requirements completely and precisely. I’m glad Donatella had success with Marc Aronson, but for a number of reasons strongly suggest you look elsewhere. Find a firm that represents landlords alone. You might also want to review: http://www.nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf
My cousin had to evict his tenant. It took a few months, cost him but at least he now has tenants that pay rent.
I had one pretty terrible tenant who overstayed her lease and I had to start eviction proceedings. JRI made some good points particularly about whether you will receive money even if you win. I could write a book here but call Marc Aronson with offices on Smith Street, who can guide you through this. Then, when and if you get rid of these people, the important part starts. You can avoid all this nonsense in the future by doing a thorough check on tenants up front before you rent to them — i.e. get the full scoop on thier work, rental, credit, and litigation history and have a nice talk about how rule number #1 is getting rent on the 1st. Good luck.
A few more details would help..
1. Is the apartment rent stabilized or free market?
2. Is the apartment legal?
3. Does the tenant have a lease?
4. Is the tenant new to the building?
5. Are all occupants gainfully employed?
If the apartment is legal, not stabilized and the tenants reside there on a month to month (no lease) basis, skip the nonpayment and go for a holdover.
I would also suggest that you take a ride over to 141 Livingston Street and search the court computer to see if the same tenants have had prior evictions. If yes, requisition the court files and review them. The files will tell you who you are dealing with, i.e. a veteran non payer, one who will damage your apartment and file complaint after complaint so as to justify them not paying.
In the Court files, you will also be able to find their former landlords names as well as the attorney who represented the former landlord. My suggestion is for you to speak with their former landlord. You may decide to use the former landlord’s attorney.
The courts are full of tenants who use the system to manipulate the landlord. These tenants are for the most part judgment proof; they have no assets, nothing to lose. They live in an apartment until they get evicted then move on to victimize another naive landlord.
If you cover all bases, you should be able to limit your losses.
I wish you good luck.