How to Start An Eviction... The Nice Way?
I need to evict a tenant because it’s just not working out. The rent is paid weeks late every month for the last 5 months that the 1st of the month to my tenant now seems like anytime between the 16-20th. Been very patient since she was a friend of a family, but now I…
I need to evict a tenant because it’s just not working out. The rent is paid weeks late every month for the last 5 months that the 1st of the month to my tenant now seems like anytime between the 16-20th. Been very patient since she was a friend of a family, but now I think Ive had enough. I was about to contact a lawyer today to start it but thought to myself maybe I should just talk to her about it and see how it works out. Anyone try to be a nice guy in this kind of situation, if so how has it worked out.
Talk to her, if that doesnt help, and she doesnt pay the late fee, offer her a free months rent just to get out. anything is better than going to court. If she has a lease, tell her you are not renewing.
is it possible that she’s just a scatter brain who never pays anything on time? just tell her you need it on the 1st and if it’s hard for her to remember she can give you the remainder of the checks to you now, post-dated.
do landlords ever use paypal? is that a dumb idea. could you offer to charge her every month and charge her the fee? dumb way to spend money if you’re her, but people do dumb things all the time with credit cards.
Having been through an eviction process I would strongly recomend you try and work with your tenant. As prior posters have mentioned a judge will not grant the warrant you need for eviction based on late rent. Also – understand that even if the lease has run out you could be looking at at least 6 months before they leave premises. NYC law is unbelievably pro tenant. I’m not saying thats all bad but you should understand what you are potentially getting yourself into. Save yourself the headache and go talk it through…….
You need to be direct with her and ask for the rent to be paid on the 1st, remind her that late fees will be in effect if she does not, and then follow-up with late fees if she’s late. Evicting someone should not be a replacement for having a conversation with them asking for the rent to be paid on time.
And if she’s been doing it for 5 months after one good month, you’re half way through the lease & can simply not renew, no?
She’s friend of a family, you’ve never charged her the late fee, doesn’t sound like you ever talk to her – how is she supposed to know it even bothers you that she pays in the middle of the month? Just tell her. Something like “Listen, we have a mortgage payment to make so we really do need rent by the 1st of the month so we’re going to ask you meet that deadline and if you’re late we’re going to have to charge the late fee”.
Housing Court is utter hell. I would really do what you can to avoid it, unless you think two years of delays, monumental stress and legal fees are worth it. That said, if you do take this to court, be prepared to go balls deep, because things get uglier way before they get better.
I have heard stories about people being evicted in Florida if their rent was a week late. But the laws are different in NYC.
Something else here that I didn’t disclose is that she gave me a w-2 that showed, or atleast had me under the impression that she would be able to pay with rent without breaking a sweat. I’m now starting to think that the W-2 may have been doctored because everything on it is enlarged and looks faded. I asked her why she just couldn’t give a straight copy and she had some excuse that I didnt even bother with it. Had I been given the correct w-2 I probably would have thought twice about it.
Before we bought my first place, my wife and I always paid rent on the 1st of the month. I personally didn’t want to go into our top floor rented brownstone apartment having someone looking at us funny. I guess that’s just me. I assume that if someone had trouble paying that they should say something. Guess I’m in this situation because it was my first time ever renting something and I didn’t take the necessary steps.