Legal Question in Landlord & Tenant Law in New York
Eviction process for nonpayment.
I am a landlord of a 3-bedroom apartment, which i rent as rooms (on a monthly basis - no lease). One of my tenants has failed to pay rent for one month. He lived on his deposit with the excuse that he was planning on moving out. Now, he becomes ill-mannered when I ask for his payment and threatnens to send me to court. He even stated that he could live for 3 months for free if we go to court. How do I begin the eviction process? and is there truth to what he says about living without paying for three months? Thanks for your help.
2 Answers from Attorneys
Re: Eviction process for nonpayment.
You start by giving him a 3 Day WRITTEN notice to Quit (pay up or get out). After he does neither you serve and then file a Notice and Petition for Eviction.
The procedure MUST be done EXACTLY according to the laws that protect the Tenant so I do not suggest you do this yourself.
As far as the Tenant remaining free for 3 months.....depends on his "sob story" and if the Judge agrees to "stay" the eviction for 30 days and then the Tenant asks for more time after that, etc. But, not likely.
You better get started right away.
Re: Eviction process for nonpayment.
A 3 or 5 Day Rent Demand must be properly served upon the tenant, after which, if he doesn't pay you must initiate summary proceedings by filing a Notice of Petition and Petition against him which opens up a court action. As far as the 3 months that is no longer the case, the court calendars are much quicker then they used to be in Housing Court. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Law Offices of
STEVEN J. CZIK, P.C.
The Soho Building
110 Greene Street, Suite 1102
New York, New York 10012
212.413.4462
The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
