Re: None payment eviction - Landlord Forum thread

Re: None payment eviction by The Dude (MN) on July 10, 2012 @11:25

First off, you were swindled by a smooth talking attorney.

Second, you were given bad advice. Giving this tenant more time to get a payment together is going to amount to nothing in all likelihood. You'll end up in the same place as with the eviction proceedings, getting the marshall to get him out of there, and you'll have a mess of a house on your hands because your tenant is pissed at you.

Eviction for non-payment is fast. You post a pay/quit notice, wait 3 days to give the tenant time to pay. If they don't, you file eviction papers on morning of the 4th day. You don't need an attorney because it's a simple process by the judge in which the tenant will have to prove they paid or they have a valid reason for not paying (of which there are very few). Judge will enter judgment and you'll be in the same boat you're in now. Tenant will have x amount of days to get out and you can have the police evict him after a certain time frame set by state laws. There is no reason an attorney would need to be involved for an eviction due to non-payment. It's way too cut and dry.

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Re: None payment eviction by NY-LL on July 10, 2012 @13:31	[ Reply ]

The process of eviction can be complicated in some states, especially in major cities. The poster did not specify the state location, so it is difficult to provide quality advice.

Re: None payment eviction by Anonymous on July 10, 2012 @13:50	[ Reply ]

So sorry, I thought once I type the state in the subject field it will show up, i guess it did not. I live in NYC. Thank you, Sherry

Re: None payment eviction by The Dude (MN) on July 10, 2012 @13:53	[ Reply ]

My apologies for assumptions. Yes, NYC would be a much different beast than I'd imagine most anywhere else in the US. Luckily NY-LL is from NY and he can likely get you pointed in the right direction.

Re: None payment eviction

Re: None payment eviction by NY-LL on July 10, 2012 @14:50	[ Reply ]

New York City requires the tenant to deposit the monthly rent payment in account in non-payment proceedings, especially if the tenant claims the premises are uninhabitable. The marshal’s fee is about two to three hundred ($200 to $300) dollars. The attorney is probably requesting to complete the process and may not charge additional for the marshal filing. The marshals and sheriffs are in high demand and the wait list can be anywhere from three weeks to six weeks. If the tenant violates the court order by not paying the rent by the agreed upon date, either the landlord or attorney can initiate the marshal’s order for eviction. (The marshal will not accept the court order until the date of expiration.) Contact any of the marshals or sheriffs for their availability and procedures which requires a Warrant for Eviction initiated by the marshal or sheriff. Once the marshal or sheriff has initiated the Warrant for Eviction, the landlord should not accept any payment from the tenant, as it will vacate the eviction and the process has to start from the beginning.

Re: None payment eviction