Landlord tenant Court

Anyone have any info on landlord tenant court?

Is it worth it to go if your tenant has no job and can't/won't pay you anyway? They do collect a pension and social security though.

Do you need a lawyer?

Thanks!

Re: Landlord tenant Court

Depends on your goal. Do you want to continue to rent to someone that doesn't pay? Is getting the money owed to you really important?

Can you do it without a lawyer?? Not really. Landlord/tenant law is highly technical & very specialized. You will accomplish your goal much quicker with a lawyer.

Re: Landlord tenant Court

Re: Landlord tenant Court

Thank you both.

I don't want them living in my house any longer. My husband has just stalled on getting them out for too long. We just gave them notice so they ***should*** be out by Nov. 1st. At that point they will owe us around $4000 plus money for their damages.

I would love to get that money back but mostly I just want them out of my house and my life.

Re: Landlord tenant Court

We do this at work monthly. We use a specialized attorney though and get a judgement in our favor almost every time.

Just do it sooner than later. Courts tend to be tenant friendly in the winter months.

Re: Landlord tenant Court

yes, take them to court! It is worth it. If this person is getting a legal income somehow the courts will garnish this persons checks until you are paid. Prove your case, bring in all paperwork. Know dates and what not. you don't need a lawyer. We didn't take one with us, just had one guiding us before and after. Won our case. We will not see our money right now becasue the guy has no job. once he does go on the books I can garnish his checks and bank account. Court ordered. Until then interest is piling so I'm in no rush

ETA: i had to get the sheriff's department to evict the tenant. I live in GA so it took a total of 7days from sheriff posting and escorting them off the property and even winning our case. In NY it will take you much longer. Tenants are more in favor than landlords in NY. So do your research, call a lawyer to make the right moves because technically they can live there up to a year and not pay you.

Call a lawyer
Call the Sheriff's dept.
Go to court to fill out papers to start the eviction process.

Good luck!

Message edited 9/27/2010 11:18:26 AM.

Re: Landlord tenant Court

I hate to say this but...I've seen landlords actually paying these disgusting people to get out of their home. It will cost a lot less then court, lawyer fees and it will get them out sooner. Of course paying them once every single shred of belonging is out of the home and have them sign something releasing them from apartment. They probably will do anything for a little bit of cash. Sorry you guys are going through this, good luck!

Re: Landlord tenant Court

Posted by LisaI

yes, take them to court! It is worth it. If this person is getting a legal income somehow the courts will garnish this persons checks until you are paid. Prove your case, bring in all paperwork. Know dates and what not. you don't need a lawyer. We didn't take one with us, just had one guiding us before and after. Won our case. We will not see our money right now becasue the guy has no job. once he does go on the books I can garnish his checks and bank account. Court ordered. Until then interest is piling so I'm in no rush

ETA: i had to get the sheriff's department to evict the tenant. I live in GA so it took a total of 7days from sheriff posting and escorting them off the property and even winning our case. In NY it will take you much longer. Tenants are more in favor than landlords in NY. So do your research, call a lawyer to make the right moves because technically they can live there up to a year and not pay you.

Call a lawyer
Call the Sheriff's dept.
Go to court to fill out papers to start the eviction process.

Good luck!

Re: Landlord tenant Court

NYC tends to be pro-tenant..not too sure about LI. NYC has a DIY petition that you can look up and they have a help center where you can go an ask questions. Like I said, I am not sure about LI, but I have a feeling the Judges are more pro-landlord than pro-tenant but of course I assume this depends on the case.

Tenant normally claim breach of warrant of habitability which are e.g. of homes that are roach infected, no heat, no water, peeling paint, etc. they get favored by the Judge more vs a tenant whose living condition are fine.

I say take them to court and try to get you money back...I know some courts stay open past 5 pm so you don't have to miss work.

Good Luck

Re: Landlord tenant Court

Thanks everyone. I think we are going to try it on our own first, if we can't we'll go with the lawyer. I called a lawyer and it will be $1000 just for paperwork and $500 per court appearance.

It would probably cost less just to pay them to leave but I can't do that. I won't do that. They are the type of people who do this often, you can tell. It's sad because they have a 14 year old son that they have doing all of their dirty work, and they did play on our sympathies for a long time.

The crazy thing is that they are like 65 years old. How is it even possible that they have a 14 year old son? I'm only 28. I feel like I'm throwing my grandparents out on the street. The situation is so surreal.

Thanks again for the responses. Hopefully I'll have a positive update soon.

Re: Landlord tenant Court