chronic late payment of rent

This is a legal question that may have to be answered by a lawyer but I’ll give it a try here. I have this rent stabilized tenant who has been a pain in the neck rent problem since the day she moved in 19 years ago. I would like to build a case for eviction based on chronic late payment of rent. I know that chronic late payment is defined as a certain number of incidents of late payment in a certain time period. My question is what is defined as an incident? Is serving a rent demand notice for several months of rent adequate? Or do I have to go a step further and get a case #? Any lawyers here or landlords with experience in this?

starfish11040

in Landlord 12 years and 8 months ago

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anna53en | 12 years and 8 months ago

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In my experience you can not evict for late payments (no matter how much they are). Housing court will almost always waive any legal and late fees even though the tenant has agreed to pay them as part of the lease. You can take this up in small claims court however and win the case but not eviction.  Got to love NYC Rent-stabilization.