Re: None payment eviction - Landlord Forum thread

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

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.

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Re: None payment eviction by Sherry (NYC) on July 10, 2012 @15:22	[ Reply ]

Thanks to all who responded. I love this site!! So my final question is – should I give the Attorney the $300.00 he is asking for to complete the process or should I just wait and give my tenant a chance to pay what he owes, if he does…..I’ve saved myself $300.00 (since this is not refundable) if he does not, I could probably follow-up with the court on my own since the process does not seem that complicated? Thanks again!

Re: None payment eviction by NY-LL on July 10, 2012 @16:39	[ Reply ]

The court order was for the tenant to pay the landlord the past due rent by a specific date or terminate the tenancy. There is no reason to return to court. The landlord should proceed with the marshal or the sheriff to complete the eviction. Understand, the landlord will be dealing with a disgruntled tenant for at least the next thirty (30+) days. If the tenant decides to pay the past due rent, advise the tenant that the landlord will be suing for attorney's fees and eviction costs (provided the lease allows for it).

Re: None payment eviction by Sherry (NYC) on July 11, 2012 @10:31	[ Reply ]

Words cannot express my gratitude for all the helpful advice I’ve been given in regards to my situation. Thank you all so much! So, the date my tenant was given to make his first payment by the court was July 10th he brought the money to me short of the amount – I refused it because it was not the amount we and the court had agreed open, keep in mind this is the pattern he has been using for years until his balance ended up in the thousands, hence the reason for me taking him to court. He told me he will give me the balance today. Should I accept it or should I use this as my opportunity to begin the eviction process by applying for the Marshall? Would the court go in favor of him if he goes and says he gave me the full amount a day or two later and I refused it? Thanks

Re: None payment eviction by Anonymous on July 10, 2012 @20:20	[ Reply ]

Pay the lawyer........$300 is cheap. Make sure you are clear what you will get from the attorney for this $300 and ask what potential actions and fees may be required if this is not the final step to removing your tenant.

Re: None payment eviction by sherry (NYC) on July 11, 2012 @11:08	[ Reply ]

Words cannot express my gratitude for all the helpful advice I’ve been given in regards to my situation. Thank you all so much! So, the date my tenant was given to make his first payment by the court was July 10th he brought the money to me short of the amount – I refused it because it was not the amount we and the court had agreed open, keep in mind this is the pattern he has been using for years until his balance ended up in the thousands, hence the reason for me taking him to court. He told me he will give me the balance today. Should I accept it or should I use this as my opportunity to begin the eviction process by applying for the Marshall? Would the court go in favor of him if he goes and says he gave me the full amount a day or two later and I refused it? Thanks

Re: None payment eviction