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AnnBrunoXO
2 Girls For Me!
Member since 5/05 4377 total posts
Name:
MaMMa
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Question about tenant not paying
My close family member has a tenant that hasn't paid her rent in 2 months because she she says she's unable to afford it - and refuses to leave - she is a student and works full-time and can't make ends meet. Everytime we see her, she has a starbucks in her hand and gasoline in her car- so I don't get it!
Anyway, she is a soon to be lawyer and knows the law - and knows that she could stay rent-free for 6 months before getting evicted. This is totally frustrating. My family member has served her with papers - but legally she can still stay a few more months and she will.
Is there anything my family member can really do! This is absurd that someone can get away with this and live in your house rent free! She seemed like the nicest person in the beginning and now she turned into a she-devil  Will serving papers to someone stay on their record? Will they affect her becoming a lawyer? How can people get away with this?
Has anyone gone through this? Any input is greatly appreciated.
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Posted 10/20/05 4:06 PM  |
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karacg
Babygirl is 4!
Member since 5/05 17076 total posts
Name:
Kara®
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Re: Question about tenant not paying
Ug sorry to hear about this --- this is why we don't rent out the basement apartment. My nightmare is to get a tenant like that.
I know it is very difficult to evict someone but I have no idea about the legalities or ramifications. Maybe Shellyesq can give you some advice?
Good luck and 
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| Posted 10/20/05 4:15 PM |
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mommy2Alex
3 babies for me :)
Member since 5/05 6683 total posts
Name:
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Re: Question about tenant not paying
The only advice I can offer, is once she is evicted maybe they could take her to small claims court for the back rent. I don't know if that is possible but it is worth checking out.
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| Posted 10/20/05 4:22 PM |
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officiallyamrs
LIF Toddler
Member since 7/05 421 total posts
Name:
Melissa
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Re: Question about tenant not paying
tell her to get a lawyer immediately! she cannot stay for months. i have done evictions at work many times and it can happen pretty fast
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| Posted 10/20/05 4:40 PM |
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LuvMy2Girls
@>---------
Member since 5/05 11165 total posts
Name:
Mommy
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Re: Question about tenant not paying
Posted by officiallyamrs
tell her to get a lawyer immediately! she cannot stay for months. i have done evictions at work many times and it can happen pretty fast
Absolutely!! I have served 3 evictions in the last week. Take her to court! File the proper papers, hand them to a lawyer who deals in landlord-tenant law, and get her out. Our evictions take about 30-60 days tops from serving the Notice to Quit to getting a final judgement. If she doen't move out on judgement day the sheriff shows up. I am not sure if NY a quicker, but the New Haven courts in CT, TAKE FOREVER!!
It will affect her credit, when I evict someone, especially with a balance, the balance shows up on their credit report since it is sent to collections, and a landlord-tenant history blurb shows up on her credit making it very HARD for them to get another apartment, get a mortgage, etc. It's in her best interest to get the h*ll out. Don't wait any longer! Why did they wait 2 months when she wasn't paying? I get people out the 1st month if they can't pay by the end of the grace period-in ct you have until the 10th of the month. IN NY i believe it's the 5th.
ETS: Just serving her papers will do nothing to her credit report. Only way serving her papers can hurt if she is dumb enough to use that apt as a reference. The judgement causes the blemish
GOOD luck! get that deadbeat renter out!!
Message edited 10/20/2005 4:52:21 PM.
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| Posted 10/20/05 4:50 PM |
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KPtoys
I'm getting old
Member since 5/05 8688 total posts
Name:
Karen
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Re: Question about tenant not paying
My mom just evicted someone from one of her houses. She filed the papers in July and the court date was Sept 29th and the eviction date was Oct 10th. They are out now and now my mom can finally get rent from a non-deadbeat!!
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| Posted 10/20/05 4:59 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19460 total posts
Name:
L
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Re: Question about tenant not paying
I am not a lawyer yet, so this is not legal advice, but this is the part on evidtions from the office of the attorney general from NY
EVICTION
Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (Real Property Actions Proceedings Law ("RPAPL") § 711)
To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL §749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law §235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.
A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL §713, §853)
It is wise to consult an attorney to protect your legal rights if your landlord seeks possession of your apartment.
You can contact the NY ABA for an attorney referral. here
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| Posted 10/20/05 5:16 PM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Question about tenant not paying
The tenant is familiar with the law and she is right. She can stay there for a few months and not pay until she is "officially evicted".
Getting somebody officially out can indeed take a few months. Total bummer.
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| Posted 10/20/05 6:15 PM |
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checka
She's here!
Member since 5/05 1769 total posts
Name:
Me
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Re: Question about tenant not paying
Someone I know had the same problem. She lived in Bklyn at the time and the law said 6 months from what I remember.
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| Posted 10/20/05 6:46 PM |
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wilandnet
LIF Infant
Member since 9/05 224 total posts
Name:
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Re: Question about tenant not paying
Question for future reference.
We are looking for homes with apartments we can rent. Is it legal to have the tenant sign a contract indicating something to the effect of "Payment is due xx day every month, if on any month payment is not received by yy day of the month, you will be evicted within 30days".
Could we have a tenant sign somthing like that to protect ourselves??
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| Posted 10/20/05 7:55 PM |
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colesmom
Brady's mom too!
Member since 5/05 1989 total posts
Name:
Lea
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Re: Question about tenant not paying
Is it a house or apartment? If its a separate unit, call LIPA and the water Co. and have utilities SHUT OFF. We did this w/ a tenant right after serving him. Its hard to stay in a house with no water, electric and cable.
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| Posted 10/20/05 8:06 PM |
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krashnburn
I am Batman!
Member since 5/05 4093 total posts
Name:
I'm Batman, I tell you!
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Re: Question about tenant not paying
Now, how does this work if it's an illegal apartment? Does the landlord still have the same rights and ability to evict the tenant? I guess this would spure an investigation and charges against you, fines and back taxes etc for the illegal apartment?
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| Posted 10/21/05 8:14 AM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Question about tenant not paying
Posted by wilandnet
Question for future reference.
We are looking for homes with apartments we can rent. Is it legal to have the tenant sign a contract indicating something to the effect of "Payment is due xx day every month, if on any month payment is not received by yy day of the month, you will be evicted within 30days".
Could we have a tenant sign somthing like that to protect ourselves??
I don't think so. Most lease agreements already have "payment is due on xxxxx day". But the landlord/tenant laws will take preference over anything you write in the lease. You can say in the lease the person will be evicted in 30 days... but in reality it means squat.
The landlord/tenant laws are there to prevent landlords from putting clauses like this in their leases.
***** for landlords.
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| Posted 10/21/05 10:41 AM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Question about tenant not paying
Posted by kra5hnburn
Now, how does this work if it's an illegal apartment? Does the landlord still have the same rights and ability to evict the tenant? I guess this would spure an investigation and charges against you, fines and back taxes etc for the illegal apartment?
Even if you have an illegal apartment... you still must follow the landlord eviction laws just like you would a legal apartment.
The difference here is... once you file for this eviction... you will most likely get fined once the town knows you were renting an illegal apartment.
Double jeopardy for people who rent illegal apartments. Case in point.... you should ONLY rent an illegal apartment to people you know well.
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| Posted 10/21/05 10:43 AM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Question about tenant not paying
Posted by colesmom
Is it a house or apartment? If its a separate unit, call LIPA and the water Co. and have utilities SHUT OFF. We did this w/ a tenant right after serving him. Its hard to stay in a house with no water, electric and cable.
I don't think this is allowed. Its against the landlord tenant laws. This goes along the lines of "forceful eviction". You can get in big trouble for doing this.
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| Posted 10/21/05 10:44 AM |
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DjPiLL
Member since 5/05 3664 total posts
Name:
Richard
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Re: Question about tenant not paying
Posted by colesmom
Is it a house or apartment? If its a separate unit, call LIPA and the water Co. and have utilities SHUT OFF. We did this w/ a tenant right after serving him. Its hard to stay in a house with no water, electric and cable.
I suggest you read this article before you do this again. If I was your tenant... i would have made sure your rear end was fined up the wazoo. 
http://www.oag.state.ny.us/realestate/guide_intro.html#12
To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL §749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law §235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.
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| Posted 10/21/05 10:47 AM |
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AnnBrunoXO
2 Girls For Me!
Member since 5/05 4377 total posts
Name:
MaMMa
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Re: Question about tenant not paying
Thank you all, I appreciate it very much and DJPill you definitely know your stuff!
I think this is a topic we can all learn from - but renting to anyone is such a gamble!
I've looked through this information and unfortunately know that it is illegal to shut off a deadbeat tenant's ulitilies (electric/gas) - the owner will be fined and its so unfortunate that tenants have more rights than you do when living in your home! Its gets me so angry when you have a mortgage to pay and they can live their rent free.
I wish we had stronger regulations and law in this area of Real Estate Law- its just so unfortunate. The whole process seems to take months any which way you put it- she hasn't paid 2 months - said she would be leaving end of November - but its hard to believe someone who has been lying through her teeth and says that she knows the law and can stay there for 6 months if she wants too - the nerve of her!
She is served w/ papers and either (1) she leaves before going to court or (2) she shows up at court on the day she has too. I really hope this stays on her record - at least she gets some kind of punishment for her actions.
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| Posted 10/21/05 11:34 AM |
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Elizabeth
Mom of Three
Member since 9/05 7900 total posts
Name:
"MOMMY!!!"
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Re: Question about tenant not paying
I dont have any advice I just want to say what an effing @^&@^#&^@%!!!
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| Posted 10/21/05 2:16 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Question about tenant not paying
Posted by AnnBrunoXO
She is served w/ papers and either (1) she leaves before going to court or (2) she shows up at court on the day she has too. I really hope this stays on her record - at least she gets some kind of punishment for her actions.
Whether she leaves or not - I'd still go after her for past rent and tap her credit report.
Be aware that she may be documenting incidents with the landlord, services that aren't being adequately provided to justify not paying rent. Last year I helped someone on the other side of the fence not pay rent because her ceiling was falling in and the landlord wasn't fixing things like blocking fire escapes.
I would tell your family member to document everything - including whatever condition she leaves the apartment.
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| Posted 10/21/05 6:50 PM |
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bellarina
She's my dancing queen!
Member since 5/05 1752 total posts
Name:
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Re: Question about tenant not paying
Since shutting off utilities is illegal, I would do EVERYTHING leagally possible to annoy her and make her life miserable. Turning the heat low so it's chilly, "blowing" fuses all the time, blasting music or TV at night or when she's sleeping, etc. 
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| Posted 10/21/05 8:03 PM |
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