Legal Question in Real Estate Law in New York
Real Estate Bad Tenant Section-8 Brooklyn, NY
I own an 8-family building in Brooklyn, NY. I am currently renovating 6 of 8 apartments (full gut renovation). The one tenant is nice as pie and the other tenant is a pro at renting if you know what I mean. I purchased the building back in 7/2005. The problem tenant has not paid the rent all of 2005 all the way up to 6/2006. I finally won in court (that's funny) all of the back rent that the tenant is responsible for, but my attorney fees exceeded the actual rent that was owed by 3x. Reason being every time the marshal put the eviction notice she managed to get me back to court and stop the eviction, this happened 6x. How could she get away with this? Never the less she again, stopped paying her portion starting you guessed it 7/2006. We are now in 3/2007. I really want to get this tenant out! I know she does not have the back rent, but the judge will give her 30-days to come up with the money and she will not of course, a marshal will be sent to the apartment and again she will stop the eviction. We will go to court and she will come up with very little money and again the judge will do the same thing give her 30 days, the marshal will go again and you know the rest of this story. How do I get her out once & for all?
1 Answer from Attorneys
Re: Real Estate Bad Tenant Section-8 Brooklyn, NY
Get another lawyer, you are getting wrong legal advice. The simplest way is not to accept any back pay rent from the tenant, the usual procedure in these types of situations is a settlement agreement between you and the tenant, you waive back rent in exchange for the tenant to move out by a certain date, usually within 30 days. There are many "professional" non-paying renters who know how to use the court system and live rent free for months. But your situation is outrageous, refuse to accept any rent from this tenant and tell the judge, otherwise you will be in this loop forever. You can e-mail me directly is you have further questions.