Re: How late does a tenant have to be to be evicted?

Re: How late does a tenant have to be to be evicted? by Katiekate (New York) on March 15, 2012 @17:30

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.

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Re: How late does a tenant have to be to be evicted? by Julie (New York) on March 15, 2012 @19:06	[ Reply ]

I never thought I'd pray they didn't pay their rent! So Best case scenario.... I wait post the notice to quit ...I wait my 3 days ...I file the eviction notice...the court date is in 3 weeks ...the court signs the order to evict ....How many days will they give the tenant to vacate? I'm suddenly wondering why the realtor told me to take a 1 month deposit. I'm sure they will owe me more in back rent then I have in security .

Re: How late does a tenant have to be to be evicted? by Katiekate (New York) on March 16, 2012 @06:17	[ Reply ]

The eviction order (writ of possession) in New York usually is 72 hours from the time it is served. I have seen tenants make a Judge mad, and that resulted in an immediate eviction. I usually wait at the county clerks office after court till the paper works comes back from the judge..then I can get a copy and pay the marshal of the court to serve it the next morning...I hate having to wait and wait because the clerk didn't post and file the order..I talk to the clerk so they know I am waiting and I sit down in their office.

Re: How late does a tenant have to be to be evicted? by LisaNY on March 16, 2012 @08:17	[ Reply ]

KatieKate, your expertise on Landlording is really impressive : you should write a book ! I will remember to sit down and wait for the court copy :) thanks

Re: How late does a tenant have to be to be evicted? by Julie (New York) on March 16, 2012 @11:33	[ Reply ]

Your insight is much appreciated. Now I have to work up the nerve to ring their door bell and give them the quit pay notice. I think I'll take a witness (preferably someone who is big and ugly) with me just to be on the safe side. Any volunteers?

Re: How late does a tenant have to be to be evicted? - Landlord Forum thread 250791