Legal Question in Landlord & Tenant Law in New York

Re: promisary note

The answer is yes, it is binding, however, if she does not pay it, it does not change the fact that you still have to follow the same notice provisions and still have to file summary proceedings for eviction. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Gordon

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Re: promisary note

The tenant's responsibility for back rent is contractual. In other words, there was a contract for rent (a lease) and the tenant failed to pay.

A promissory note is also a contract. Usually, an individual loans money and receives a note with terms of repayment.

So essentially, you are replacing a contract with a contract.

However, to specifically answer your question (is it binding or can she sign it and not just not pay it), the answer would be that if she signs she would be bound by the terms of the promissory note.

Mike.