Legal Question in Real Estate Law in New York
Nuisance Tenant
hi, a month ago (jan. 19th) I rented a apartment to my current tenant for $1000 (include gas), he paid me 11 days of rent and said he doesn't has enough money to pay me the deposit right away and will pay me back next month. On Feb. 1st I went to collet the rent, he told me he get pay every two week (which he didn't tell me at the beginning) and he only gave me $500 rent with no deposit and primised to pay me the rest of the rent on the 15th. I went to him again on the 16th but he only gave me $300. I told him that if he really can't handle the rent and unable to pay me the full rent on time, I will need to ask him to move then he become out of control and ask me to call his lawyer instead. What do I going to do now? Do I need to give him 30th notice? (we didn't sign any lease and he didn't pay the deposit) Can i ask him to move at the end of this month? Thank you and really appreciate.
4 Answers from Attorneys
Re: Nuisance Tenant
Without a lease he is a month to month tenant and requires 30 day notice from end of month. He if fails to move out start eviction proceeding.
Re: Nuisance Tenant
You can give him notice of underpayment. If not paid, I suggest eviction proceedings for non-payment. You might have a problem, since there is nothing in writing about the terms of the rental, so be prepared for an argument if you go to court.
Re: Nuisance Tenant
You need to serve your Tenant with a three day notice for the missing rent and if he still does not pay, start eviction proceedings. If you are in NY City, you need to do this in Housing Court in your Borough.
Re: Nuisance Tenant
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
I generally concur with previous responses, but caution you that an eviction is one of those things that I say "don't try this at home." Get a lawyer who deals with this on a daily basis, because there are complicated legal requirements and evidence you will need to get the tenant out.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel
Attorney at Law
516-312-9900
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