Tenants Won't Pay, Won't Leave - Landlord Forum thread

Tenants Won't Pay, Won't Leave by Jenny (New York) on July 27, 2012 @19:05

Tenants have not paid for rent for more than 3 months. Tenants keep agreeing to "pay in a few days/weeks" but last 2 checks from tenants have bounced. It's as if they were stalling for time and it doesn't feel like they have any intention to pay rent. Property owner is non-English speaking, first-time homeowner and was trying to avoid taking legal actions in hopes that tenants will start paying. What is the procedure to remove these tenants from the property?

I have read up a bit about getting court order for an eviction, but it a process I'm not too familiar with. Process mentions violation of lease, in which there was not one signed with the tenants, reason being the LL had to be away and instructed family members to obtain identification of the tenant and sign the lease, none of which has happened.

The LL tried to remedy this by having the tenants sign a lease after moving in, in which the tenants refuse to.
Property owner is in financial hardship due to this issue as the monthly mortgage partially paid for by tenants' rents. The property was renovated and in good condition before "leasing" it out current tenant and anything that needed repair was met if the property owner was notified.

I am close to the property owner and I want help or at the very least, provide the homeowner with steps they can take to resolve this issue. Any advice? Will speaking with a paralegal/attorney a good idea? (Though, the property owner may not have enough money to hire a lawyer). Thanks for any feedback!

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Re: Tenants Won't Pay, Won't Leave by Anonymous on July 27, 2012 @19:16	[ Reply ]

He will have to issue a pay or quit notice for the FULL amount of rent due. Make sure it's in the form of cash, money order or cashier's check. Absolutely no personal checks. Once expired in 3-5 days depending on your state's rules and if the tenant hasn't paid, he would file for eviction. He can have a lawyer do it or he can do it himself. It's fairly strait-forward since it's a non-payment issue and bounced checks are evidence. Unfortunately, he will have to put up with them in the unit for several more weeks. It will take, in general, about 3-4 weeks for the court date and then possibly another week or so if the sheriff has to come out and physically put them out if they don't leave after they have lost the case. There are a couple of well versed NY LL's on the forum who can give you an exact description of the forms needed and what the court process will be like for the LL.

Re: Tenants Won't Pay, Won't Leave

Re: Tenants Won't Pay, Won't Leave by Jake on July 27, 2012 @20:10	[ Reply ]

You are in over your head with this one. See a lawyer and begin an eviction.

Re: Tenants Won't Pay, Won't Leave by NY-LL on July 27, 2012 @22:03	[ Reply ]

New York State has a website detailing the landlord-tenant processes and obligations. New York City Housing Court http://nycourts.gov/courts/nyc/housing/pdfs/Landlordbooklet.pdf Small Property Owner Nonpayment Petition Program http://www.nycourts.gov/courts/nyc/housing/int_smallproperty.shtml 1. The property owner (landlord) can obtain the legal documents to terminate the tenancy from the court. The court may have a pro se attorney’s office to explain the process in detail … (depends on the county). 2. The property owner should file a complaint with the district attorney for the two bounced checks … (it is a criminal offense to intentionally write checks with insufficient funds). 3. The two bounced check will also serve as evidence of the unpaid rent in small claims court. In the interim, the property owner should consider what identification will be needed in order to even collect a court ordered money judgment. In a nonpayment action, the entire eviction process can be over in eleven days in Upstate New York. (In New York City allow up to six weeks.) The property owner issues a three day notice to "pay or quit." At the end of the three days, if tenants has not paid or vacated the premises, then the landlord can serve the legal court documents (a Petition and Notice of Petition are the court documents in an eviction). The court hearing on the eviction is then five to twelve days after service. The court will issue a warrant of eviction and tenant has 72 hours (three days) to vacate the premises or the property owner will hire the sheriff/marshal/constable to perform the formal eviction.

Re: Tenants Won't Pay, Won't Leave

Re: Tenants Won't Pay, Won't Leave by Micah on July 28, 2012 @07:59	[ Reply ]

Tell the actual landlord to get an attorney, one who specializes in evictions.

Re: Tenants Won't Pay, Won't Leave by Douglas (KS) on July 28, 2012 @10:14	[ Reply ]

"Tenants have not paid for rent for more than 3 months. " This is an easy one, but landlords keep not following it: 1) Don't let ANYONE in who cannot pay full security and first month's rent up front. IT is a harbinger of bad things 2) Tenant even ONE day late on rent, post the pay or quit. Usually a tenant who delays on rent is going to become a problem and will take advantage of a soft landlord.

Re: Tenants Won't Pay, Won't Leave by Douglas (KS) on July 28, 2012 @10:15	[ Reply ]

"Tenants have not paid for rent for more than 3 months. " This is an easy one, but landlords keep not following it: 1) Don't let ANYONE in who cannot pay full security and first month's rent up front. IT is a harbinger of bad things 2) Tenant even ONE day late on rent, post the pay or quit. Usually a tenant who delays on rent is going to become a problem and will take advantage of a soft landlord.

Re: Tenants Won't Pay, Won't Leave