Legal Question in Real Estate Law in New York
Tenant not paying rent
we are a landlord that has a tenant that has not paid his rent for two months. His answer is he doesnt have the money. We have a security deposit but its says in the lease that it can not be used to live out the lease. The lease is up in February. He has not paid Sept and now Oct. rent. Also we have in the lease if he didnt give up commitment to buy the house by Oct we would be able to start showing the house. How can we do this and or get him out with out this costing us a fortune. Doesn't a landlord have any rights. It is also very hard to get in touch with this tenant since he never answers his cell phone. Please advise
2 Answers from Attorneys
Re: Tenant not paying rent
NYS statutes are very specific with how a tenant must recieve notice of a summary proceeing and how it must be filed. These procedural technicalities must be followed to a tee or can result in extensive delays and dismissal of your action. As such, it is highly advisable to retain an attorney to initiate such an action. This area of law is our specialty, and we do have very reasonable fees; however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: Tenant not paying rent
You have to commence a non payment summary proceeding in housing court.You can do it yourself and it is tricky. One error can set you back months I have handled many such cases and am available for a free consultation
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