Legal Question in Real Estate Law in New York

Eviction for non-payment

My tenant hasn't paid rent for 3 months. I took him to court, judgment says he has to pay monthly rent on the 1st of each month (as agreed in the initial contract), and pay $200/week for back-due rent starting August 8. He still hasn't paid me anything. What is the next step in evicting him, and how long will it take until he's out? I already lost $4,000. Is there a way to collect this money after he's evicted? Thank you.


Asked on 8/13/02, 10:47 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Eviction for non-payment

Go back to Court - since no payment has been made on the court order, eviction should be granted. You can also ask for a judgment on the rent due. If the tenant is employed, you can then get an order to garnish (attach) his wages and if there are no other garnishments, you will get some money from each paycheck.

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Answered on 8/15/02, 11:49 am
David Slater David P. Slater, Esq.

Re: Eviction for non-payment

You definitely need a NY lawyer. The original judgment should have provided for eviction if he did not pay by a certain time. Read your papers carefully. If he has locatable assets or $ you can collect on a judgment. Good luck.

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Answered on 8/13/02, 10:44 pm


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