 court date (by josephine [NY]) Jun 24, 2016 9:05 AM
 court date (by plenty [MO]) Jun 24, 2016 10:06 AM
court date (by Josephie [NY]) Jun 24, 2016 11:00 AM
court date (by LoriC [CO]) Jun 24, 2016 12:19 PM
court date (by Mike45 [NV]) Jun 24, 2016 12:29 PM
court date (by plenty [MO]) Jun 24, 2016 1:18 PM
court date (by cjl [NY]) Jun 24, 2016 1:43 PM
court date (by BRAD 20,000 [IN]) Jun 24, 2016 2:43 PM
court date (by Ken [NY]) Jun 24, 2016 3:08 PM
court date (by Vee [OH]) Jun 24, 2016 6:37 PM
court date (by Jeff [CO]) Jun 25, 2016 3:59 PM
court date (by josephine [NY]) Posted on: Jun 24, 2016 9:05 AM
Message:
State Specific Question About: NEW YORK (NY)
I have a court date for non-payment. I do not expect them to show, but if they do, do I have to accept the rent? I prefer tp have them move. The girl is very nice but the guy is the one who works. I prefer not to deal with him. Since the beginning of May it has been one story after another and he tells lies, and is obviously on substance abuse. Can I refuse the rent should he come with it on the grounds that he is untruthful and difficult to deal with?. --108.14.xxx.xxx |
court date (by plenty [MO]) Posted on: Jun 24, 2016 10:06 AM
Message:
In my area i would want to go before the judge. Are u rrepresenting yourself or have council? If she showed you'll with money I'd say" tell the judge "and be unavailable for her to speak to me by staying in the court room. Did you file for money and possession? --66.87.xx.xxx |
court date (by Josephie [NY]) Posted on: Jun 24, 2016 11:00 AM
Message:
Thank you for your reply. I am representing myself. it
was nailed and mailed. So I do not get a money judgement. --108.14.xxx.xxx |
court date (by LoriC [CO]) Posted on: Jun 24, 2016 12:19 PM
Message:
I believe that some people here (don't know if it is state specific) have said that after they have the eviction granted by the judge, they evict THEN go after them in small claims court for money owed. If they are not collectable now they may be in the future and one day they may be trying to buy a home and will have to clear up the small claims judgment to get the loan.
Hopefully someone from NY will chime in here. --65.114.xxx.xxx |
court date (by Mike45 [NV]) Posted on: Jun 24, 2016 12:29 PM
Message:
I DO NOT KNOW NEW YORK LAW!
Normally, when the tenant fails to pay pursuant to a ___ Day Notice To Pay Or Quit, the Lease is terminated and the tenant has no right to reinstate it by paying the rent on the day of the court hearing. The LL can refuse to accept payment and can insist on termination.
Usually, the judge will assume that the LL wants the $$$, but you can tell him/her that you do want the eviction to go forward, and that you want these tenants out.
Good luck!
--76.3.xxx.xxx |
court date (by plenty [MO]) Posted on: Jun 24, 2016 1:18 PM
Message:
Ok. But tenant still owes money. So yes i would take that. You are in court for possession of property. Is this a month to month lease? I so not know law either, but i do know lawyers and judges eat lunch... just had to throw that in here !! Lol, --66.87.xx.xxx |
court date (by cjl [NY]) Posted on: Jun 24, 2016 1:43 PM
Message:
I'm not sure what you posted/served. Check your area's laws since in my area if you have an interest in the property you CAN NOT do it yourself (you have to have someone else serve the papers).
With that said, I'm still unclear of what you posted anyway ... I typically will do a "non-payment" and seek either the payment or the possession (3 day pay or quit). If they don't pay - then they must quit which some do, some don't. If they don't then it's off to court.
The only way to 'stop' the eviction at that point (in my opinion) is to have the money in FULL PRIOR to the court. Otherwise - I'm in front of the Judge.
If you don't want to deal with them (no promise to pay in full, etc) then you don't have to. Seek immediate possession (again, here it is a minimum of 72 hours - but you can allow longer if YOU wish and the Judge allows/agrees).
Make sure you serve the warrant as well (regardless of the date - do it right after court) if they don't leave - you will end up with them being there even longer. If they don't leave at that point, then you can have the Sheriff, Marshal, etc (along with you) "physically" evict them.
If they don't show up - you "automatically win". Just be careful - they can end up showing "just cause" and get a different date if the Judge allows that. Most don't though.
If they do show up - be prepared for ANYTHING. I mean they will come up with EVERY EXCUSE (even if they lie about them) of WHY they didn't pay. Not all do - but most do. Keep your answers to only answering the Judge - do NOT get caught up in THEIR drama. Many times they will start going off and as long as you keep your mouth shut and don't respond to them and ONLY speak to the judge unless the judge dictates otherwise - they will only tick them off and they will just bang the gavel and end the session (and typically you win - unless you are the one ticking them off).
Hope that helps. I'm sure you will be fine.
Once they are out - you don't get to keep the SD if there is anything left. Do a tally and get whatever the amount is back to them. Usually there isn't anything left and there is money owed BY THEM. If it's "enough" - then take them to small claims. Sometimes it's not much (I'm talking $50 - $100) and at times I just "eat" it. --69.201.xx.xxx |
court date (by BRAD 20,000 [IN]) Posted on: Jun 24, 2016 2:43 PM
Message:
Josephine,
Gotta know YOUR court and YOUR judge.
I strongly recommend you go to court and observe other cases before your date arrives. That might give the answer for YOUR court.
"Generally" if you have filed for eviction you do not have to accept their payment.
ZERO TOLERANCE on late payments works. It avoids lies, drama, anxiety... Either paid or not paid. Simple. Everybody knows where the line is.
BRAD
--73.146.xxx.xxx |
court date (by Ken [NY]) Posted on: Jun 24, 2016 3:08 PM
Message:
I t will depend on the judge but add in all the fees for the filing,service etc and they probably won't have that much.It it was nailed and mailed and they show up for court you should then get a judgment. --24.25.xxx.xxx |
court date (by Vee [OH]) Posted on: Jun 24, 2016 6:37 PM
Message:
Now that the court has ben hired you need to have all the fees and legal costs included - it is no longer about just rent... --76.188.xxx.xxx |
court date (by Jeff [CO]) Posted on: Jun 25, 2016 3:59 PM
Message:
Ken's right. You probably do have to take their money. Also, representing yourself in court is usually a very bad idea. Good luck. --73.243.xx.xxx |
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