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How late does a tenant have to be to be evicted? - Landlord Forum thread 250790







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Excuses!

How late does a tenant have to be to be evicted? by Julie (New York) on March 15, 2012 @17:18

                              
For hundreds of reasons I need to evict a tenant in New York State.
They are running a business from the house,
rooms have been turned into storage bins
they are destroying the property
they have garbage strewn about the yard
they do not maintain the yard
they threaten the neighbors and myself
and now they are late on the rent.

I assume Late on the Rent is the least subjective reason to evict and easist to prove. How many days late do they need to be for pay or quit or eviction to begin?
[ Reply ] [ Return to forum ]

Re: How late does a tenant have to be to be evicted? by Katiekate (New York) on March 15, 2012 @17:30 [ Reply ]
I can tell you from experience, you will probably never evict a tenant for other than non-payment of rent in New York.
Judges are just going to keep giving the tenant more and more time to fix any other issue.

ok..

1 day late... serve a 3 day quit or pay notice. If you cannot hand this to the tenant in person (and you must try), then you post it on the door and mail a copy certified mail.
Then..go to the county court house and swear out a 'certificate of service'.

At the end of the 3 days. (not counting weekends)...go to the country court house and file for eviction. At that point you do not need to accept rent from them. BUT, I have had judges willing to vacate the order if the tenant paid me in the court room!! So, you never know.

I suggest you pay the court marshal to serve the court hearing papers...just to avoid any issues later about whether or not it was done right.

Once you file...in most counties it will be 2- 3 weeks before you get into a court room.
Re: How late does a tenant have to be to be evicted? by Anonymous on March 15, 2012 @17:50 [ Reply ]
Is there anything in your lease or rental agreement about not conducting a business from the house?

Post a Cure of Quit about the late rent in accordance to your state laws.

Did you do an inspection and post a Cure or Quit notice about 1) not using the rooms as they are to be used i.e. a basement is not a bedroom, a kitchen is not a bedroom, etc. 2) garbage in the yard 3) yard not maintained (if it's in your lease and its not under snow...or did these matters come to your attention once the rent was late?

Make a police report about the threats. Encourage the neighbors to make a police report as well.

Good luck!

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