Legal Question in Landlord & Tenant Law in New York

delinquent on rent, tenant divorce involved, who pays?

My tenant and her deadbeat husband divorced. My husband and I were too nice over too long a time and there is a VERY (embarassingly so) large rental balance. She says her divorce settlement makes Hubby responsible for rent owed before January 2004. Is this possible, even though there is still significant $$ owed from before then? On the phone tonight, she actually said ''Good luck getting the money from HIM.'' He only works ''under the table'' for his brother and I'm sure he will be judgement proof. I also have a variety of checks from them from the past four years - bounced, couldn't be cashed and expired, and two current checks with insufficient funds in the bank. We even gave her a break for Jan.-April, letting her pay $500/month instead of $700 to be nice. We gave her a 30 day notice on March 29, in writing, and told her in that letter that we'd deduct her security deposit from the final balance if she left the apt. in a clean and undamaged condition. Can we go back on saying that since it looks like we'll still be owed plenty? Also, we've never charged late fees, although there was a stipulation for that in the original lease. Can we charge late fees after the original lease expired even if she hasn't been under one since?


Asked on 4/15/04, 12:19 am

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: delinquent on rent, tenant divorce involved, who pays?

You know the expression..."no good deed goes unpunished"?

You must get rid of this tenant ASAP. There is no lease. If you took any rent $ after you gave her 30 days notice you need to start all over. Give 30 days notice, (don't accept $$ after that) after the 30 days, serve her w/ 3 day notice to quit, after 3 days, file petition in court to evict.

SHE is responsible to YOU for the rent and her husband is responsible to HER to pay the rent. You have no obligation to keep her there while you try and collect fr her husband! SHE is your tenant. Pls contact me via Email for addtl help, forms, etc. Good Luck.

Debra

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Answered on 4/15/04, 9:46 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: delinquent on rent, tenant divorce involved, who pays?

If this woman is the tenant she is responsible to you for the rent. The divorce agreement has no bearings on her obligations to you, they are only pertinent towards her husband's obligations to her. You must start an eviction action against her immediately (do not accept any rent from this woman or you create a month to month tenancy).

If she brings up the defense that the divorce agreement makes her husband responsible she will be laughed out of court, that is a separate action between your tenant and her ex.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 4/15/04, 11:55 am


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