Non Payment (by Chris [NY]) Sep 8, 2015 2:54 AM
Non Payment (by Robert,Ontario,Can [ON]) Sep 8, 2015 3:05 AM
Non Payment (by Ken [NY]) Sep 8, 2015 4:07 AM
Non Payment (by cjl [NY]) Sep 8, 2015 5:28 AM
Non Payment (by Chris [NY]) Sep 8, 2015 5:42 AM
Non Payment (by Vee [OH]) Sep 8, 2015 6:03 AM
Non Payment (by CHRIS [NY]) Sep 8, 2015 6:22 AM
Non Payment (by cjl [NY]) Sep 8, 2015 8:13 AM
Non Payment (by Ken [NY]) Sep 8, 2015 9:58 AM
Non Payment (by BRAD 20,000 [IN]) Sep 8, 2015 10:34 AM
Non Payment (by Ken [NY]) Sep 8, 2015 12:06 PM
Non Payment (by Mike45 [NV]) Sep 8, 2015 4:34 PM
Non Payment (by Chris [NY]) Posted on: Sep 8, 2015 2:54 AM Message:
State Specific Question About: NEW YORK (NY)
I have a tenant who hasn't paid rent for September and is past her grace period of 5 days and she states that it will be paid on the 15th of September. Can I go to the local court house and file a 3 day move out for non payment? Also what is the typical wait time to evict a tenant for this type of problem? We would rather see her leave the property. Thanks for all your help & advice!!! --108.176.xxx.xx |
Non Payment (by Robert,Ontario,Can [ON]) Posted on: Sep 8, 2015 3:05 AM Message:
Contact a landlords association where there are listings on this site or google to find one near the rental. Visit a local court house to see what paper is required. Make sure all the paperwork is filled out correctly or it will thrown out. --74.220.xxx.xxx |
Non Payment (by Ken [NY]) Posted on: Sep 8, 2015 4:07 AM Message:
You first must give her a 3 day notice to pay or quit,if she does not move then you fill out 2 more documents,have the court put a date on one of them and sign it and have them served on the tenant in the proper time frame.I would suggest you hire an attorney for the first one --24.92.xx.xx |
Non Payment (by cjl [NY]) Posted on: Sep 8, 2015 5:28 AM Message:
Yup - 3 day notice (either use an attorney or a service - don't do it yourself). Make sure you do it today and it is served ASAP (as in today) - then once the three days are "up" immediately file for eviction (court date).
--67.246.xx.xx |
Non Payment (by Chris [NY]) Posted on: Sep 8, 2015 5:42 AM Message:
Thanks a lot for all your help I appreciate it --108.176.xxx.xx |
Non Payment (by Vee [OH]) Posted on: Sep 8, 2015 6:03 AM Message:
Chris, even if this tenant pays up early you should learn this process of timetable for each paperwork used to handle the eviction, visit housing court and see how it plays out with real defendants and managers, the eviction process is complex and any mistake means you start over losing another month and the fees involved - hire only someone you see there who moves in and out as a professional, they will be a flat-fee eviction service. --75.94.xxx.xxx |
Non Payment (by CHRIS [NY]) Posted on: Sep 8, 2015 6:22 AM Message:
Thanks Vee I appreciate the info big time!! Do you think I will def need an attorney present or can I handle this myself? Tenant also violated the lease by making alterations to the apartment and harassment against myself. I do know the judge let's hope this helps but if not its all good --70.209.xxx.xxx |
Non Payment (by cjl [NY]) Posted on: Sep 8, 2015 8:13 AM Message:
My suggestion is that if you CAN/ABLE TO - go to the court and just LISTEN to see what happens. You can learn A LOT.
Number one rule in court would be to BE PREPARED. Number two rule is ONLY SPEAK TO THE JUDGE (unless he/she directs otherwise - but that's not common unless you are in a trial). DO NOT CROSS TABLE (speak to the tenant in court - even if they say/accuse or whatever - LET THE JUDGE HANDLE IT).
Sometimes the BEST thing to do is just let them bury themselves. BUT BE PREPARED (Rule #1) - the tenants (if they show) will most likely come up with a few things that "caused them to not pay rent" (something was broken/not repaired - whatever). If you don't know about it - fine, state that; if you do then make sure you have supporting documents - repair bills, emails, etc but ONLY IF THE JUDGE ASKS).
You can do it yourself but if you don't have the opportunity to see what goes on in court OR you are possibly uncomfortable about it - get an attorney. It will be worth it. Especially since the Attorney will keep everything 'on track' and 'focused' (meaning they won't respond and it will most likely intimidate the tenant.
Good Luck. --67.246.xx.xx |
Non Payment (by Ken [NY]) Posted on: Sep 8, 2015 9:58 AM Message:
You can handle it yourself but the paperwork must be right and served in the proper timeframe.If you take them to court for non payment then the other stuff doesn't matter.I suggest an attorney or a service that can get you into court properly --24.92.xx.xx |
Non Payment (by BRAD 20,000 [IN]) Posted on: Sep 8, 2015 10:34 AM Message:
Chris,
Congrats on staying on top of this! but you;lve already lost 8 days into the month.
#1 Eliminate that 5 day grace period unless your state demands it. It confuses the residents and puts YOU 5 days behind.
#2 There is a difference in ATTITUDE between "they did not pay" vs "I have not collected". When the res says "I can pay pay you next week" your answer should be "NOT ACCEPTABLE, I'll have to file for eviction." You'll be AMAZED how they pay when the LL stops accepting excuses.
#3 Know this is a basic stall technique to stiff the LL for Sept while they move out, taught in Deadbeat University: LLs are greedy so give the LL an excuse they will swallow like having money "next week".
Me? I'd text them with the phrase I wrote above. Deliver (I don't wait for the mail) proper notice.
Future: asking NY LLs - can you start the 3 day notice on the 2nd, the day the rent.
BRAD
--68.50.xx.xxx |
Non Payment (by Ken [NY]) Posted on: Sep 8, 2015 12:06 PM Message:
Yes,a 3 day notice can be served in NY state,upstate NY anyway, on the second of the month as long as that is not a sunday --24.92.xx.xx |
Non Payment (by Mike45 [NV]) Posted on: Sep 8, 2015 4:34 PM Message:
"Can I go to the local court house and file a 3 day move out for non payment?" Generally, a __ Day Notice To Pay Or Quit is served on the tenant but is NOT filed with the court.
The usual procedure is for the Notice To Pay Or Quit to be served on the tenant. Then, if the Tenant does not pay or quit, you file with the court some sort of document -- a Complaint For Eviction or something like that.
You need to learn the procedure for your court -- as cjl recommended, go to court and observe!
--76.3.xxx.xxx |
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