Landlord tenant court

I’ve got a tenant without a lease that I’ve been trying to get out for about 90 days. I was thinking of sending this text but I’m not sure I’m not sure if it’s acceptable or not. “FYI I’m giving you until September 1, 2018 to vacate the apt. It’s been almost 90 days since I’ve asked for the apt. to be vacated. Two options I’m giving you are 1. Move out by 9/01/18 and pay only $900 of the $1,800 rent or 2. My lawyer will start the process with landlord/tenant court to have you evicted and civilly for any damages along with the electricity bill that you’ve failed to put into your name when your roommate moved out June 30, 2018. ”

trini73diva

in General Discussion 6 years and 8 months ago

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glarph | 6 years and 7 months ago

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Sam Hagan can be a little rough to work with but he has gotten me good results when I needed them. Don’t wait!

slopegirl | 6 years and 8 months ago

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A friend trying to evict a tenant lost to Sam Hagan on 4th ave and then next time hired him and was very happy. You for sure want someone who has done this many times before. Laws in NYC favor the tenant.

krobertson

in General Discussion 6 years and 8 months ago

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I second the above, get a lawyer and start the eviction process IMMEDIATELY. Seriously, don’t wait. The sooner you start the faster you will get them out. The 30 day notice to terminate take a few days to serve and requires 1 full month notice. If you wait until 9/1 for it to be served, they get until 11/1 before you can file a holdover petition with the court. If you serve it by 8/31, you can file the holdover eviction papers with the court by 10/1. Expect it to take at least 5 months and no rent if the tenant is uncooperative, gets a lawyer, and doesn’t care much about their credit. You won’t be able to collect rent after the 30 day termination date without restarting entire the eviction process from the beginning. If they are elderly, have lived on the property a long time ( 6+ years) or have children, expect the process to take months longer. As @Resident2 mentioned, the judge can legally grant them up to 6 months extra time (often without paying rent). The 6 month clock starts from the date of a signed stipulation or the date or trial, not when the holdov er petition is filed with the court. Its commonly 3 months after you serve the holdover petition (and 2 adjournments later) until you get a to stipulation or a schedule for trial. Don’t expect to collect or see a dime of unpaid rent.. ever. A lot of judges won’t grant a monetary judgement with the eviction and you’ll have to sue them separately in small claims court or civil court before you can collect, if they are even collectable. The large majority of evictions are settled with a stipulation (agreement) where the tenant agrees to move out while the landlord forgives most or all unpaid rent in return.

Its best to try to have the tenant leave without going to court if you can. Serve the 30 day notice to terminate to let them know you mean business and cover yourself legally. Then talk with them over the next month to convince them if they don’t want to be evicted, have their credit damaged and be placed on the tenant blacklist, they should move out. Their names and the eviction won’t show up in public records until you file the holdover eviction papers.

Be careful about offering cash for keys or other type of discounts/deals. A new law passed a few years back classified those offers as tenant harrassment unless accomplied by other documents notifying them of their right to a lawyer etc. etc. Could come back to bite you in court. Not sure if the law applied to only rent stablized apts, MDL, or all apts.

Good luck.. you’re going to need it!

resident2 | 6 years and 8 months ago

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I assume at one point there was a lease? With more than one name as tenant/s?
Your text will have no standing, so do not waste anymore time, 90 days is more than enough time to give the tenant time to find somewhere to move to after asking nicely. And if the electric bill is not being paid, just let Con Ed in to turn it off when they want access to do so.
Now to the important part. Get a landlord tenant attorney; not a closing attorney, not your friend that is lawyer… only Brooklyn; if your property is in Brooklyn, Landlord tenant attorney. To start a holdover proceeding. If the rent is due on the first, the attorney will serve a 30 day notice to quit the month to month tenancy before the end of this month. If the tenant is still there at the end of September, the attorney will apply for a court date and serve the tenant notice to appear in court. If the tenant pays all their rent on time and complies with the month to month tenancy (use & occupancy) agreement, they can get 6 months to leave.
If you have contact information for the roommates that were named on the leas e that are no longer in the apartment, contact them to let them know that they have to be named as holdover tenants of the expired lease; unless of course you gave them a written release of their lease obligations.
The sooner you start this the sooner you will get your apartment back.
If you are on speaking terms with this tenant it is a good idea to mention to them that they are leaving you no alternative but to start legal proceedings which may show up on their record going forward and no other decent Landlord will rent to them with a court proceeding on their record.
Free market reasonable tenants do not want to be were they are not wanted. Giving them extra time without a legal agreement does nothing for your position.