Need help evicting a tenant!!!

11 Replies

I am a prime tenant in a free market 4 bedroom apartment in NYC. My rent is $2000. I am the only one on the lease. I rent out 3 of the bedrooms to roommates. I have written agreements with them. The total monthly amount I collect from them is more than $2000. One of the roommates intercepted a rent stub and realized that i wasn't splitting the rent evenly amongst my roommates. He was unhappy and started to not pay rent. He's been living 2 months rent free now. In addition, his term expires in mid May of 2015 and has told me that he refuses to leave after his term expires. I would like to start the eviction process now. I'm aware that during the eviction process(4-6 months) he will live rent free. Questions I have: What are my chances of successfully evicting him? Can I take him to small claims court for back rent and/or for the rent that would be owed during the eviction process? What kind of problems can he cause for me if any? Any comments would be much appreciated.

Try cash for keys, aka pay him to leave. If that saves you money, then take the loss and move on. Your future good tenants will help recover your loss. 

If it does not work, find a good lawyer. 

Learn the lesson too.

Good luck.

One problem that could come up is if your lease prohibits you from subletting. Is that the case? If not you should immediately start the eviction process for non-payment of rent. Im not familiar with New York landlord tenant law so hopefully others here on BP chime in. 

As long as you have a solid contract (sublease agreement) you will be successful in evicting, and as you say, it will be within 3-6 months depending on how much of a player this tenant is.  

Your final eviction judgment will include a monetary judgment which you can then attempt to enforce.  

Originally posted by @Zach Liu :

Try cash for keys, aka pay him to leave. If that saves you money, then take the loss and move on. Your future good tenants will help recover your loss. 

If it does not work, find a good lawyer. 

Learn the lesson too.

Good luck.

 Issue is he wants $6000, amount he feels he over paid in order to leave

Originally posted by @Rob Beland :

One problem that could come up is if your lease prohibits you from subletting. Is that the case? If not you should immediately start the eviction process for non-payment of rent. Im not familiar with New York landlord tenant law so hopefully others here on BP chime in. 

 Not subletting; is living in apartment as well

Originally posted by NA Plevy:

As long as you have a solid contract (sublease agreement) you will be successful in evicting, and as you say, it will be within 3-6 months depending on how much of a player this tenant is.  

Your final eviction judgment will include a monetary judgment which you can then attempt to enforce.  

 Ok thank you!

@Andrew Powell-Sampellegrini if you are the only one on the lease with your landlord and they are paying you rent then he is subletting from you. You need to look at your lease with your landlord and see if it specifically prohibits you from subletting. Does your landlord know that you are charging them to live with you? Would he be ok with it if he found out?

What if you tell him you will simply report the rent he owes you to a collection agency, which will show up on his credit report?  And every month he stays and owes you rent, you create a new collection account for the new amount owed?

From what I understand, you can report a debt even if you don't have a judgment from court.  

If you use a landlord collection agency to collect the debt, the collection on his credit report will show that the debt is to a landlord.  This will affect his ability to rent from someone else.  

For instance:

http://www.rentrecoveryservice.com/

You can choose a flat fee service of only $16.95 where they send one collection letter to him, and report it to all three credit bureaus.

So, ask him how much his credit report matters to him?  I'd tell him no deal.  Move now or get evicted and get your credit ruined and an eviction on your record - both of which will pretty much ruin his ability to find a decent rental in the future.

And print out this article to hand to him, too:

http://homeguides.sfgate.com/apartment-eviction-me...

I'd tell him he needs to be out by a certain date (maybe a week?) or you start the eviction and report the debt to collection agencies now, and again every month he stays.

You have every right to charge whatever you want.  He was willing to pay what you contracted for, when he moved in, and that's what he owes you.  

What a hassle.  Good luck.

Originally posted by @Rob Beland :

@Andrew Powell-Sampellegrini if you are the only one on the lease with your landlord and they are paying you rent then he is subletting from you. You need to look at your lease with your landlord and see if it specifically prohibits you from subletting. Does your landlord know that you are charging them to live with you? Would he be ok with it if he found out?

 Yes he knows and is aware!

Originally posted by @Sue K. :

What if you tell him you will simply report the rent he owes you to a collection agency, which will show up on his credit report?  And every month he stays and owes you rent, you create a new collection account for the new amount owed?

From what I understand, you can report a debt even if you don't have a judgment from court.  

If you use a landlord collection agency to collect the debt, the collection on his credit report will show that the debt is to a landlord.  This will affect his ability to rent from someone else.  

For instance:

http://www.rentrecoveryservice.com/

You can choose a flat fee service of only $16.95 where they send one collection letter to him, and report it to all three credit bureaus.

So, ask him how much his credit report matters to him?  I'd tell him no deal.  Move now or get evicted and get your credit ruined and an eviction on your record - both of which will pretty much ruin his ability to find a decent rental in the future.

And print out this article to hand to him, too:

http://homeguides.sfgate.com/apartment-eviction-me...

I'd tell him he needs to be out by a certain date (maybe a week?) or you start the eviction and report the debt to collection agencies now, and again every month he stays.

You have every right to charge whatever you want.  He was willing to pay what you contracted for, when he moved in, and that's what he owes you.  

What a hassle.  Good luck.

 What excellent advice!  Thank you so very much!  I love that idea!

Andrew,

Sorry to hear you were having a problem with a Non paying tenant and hope it's been resolved by now.  If Not, I just want to add that being connected to other real estate investors is critical.  

Many of them have had the same experience and are probably a Pro at evicting Tenant. With the right team of people in your real estate network you can take Action and expedite things quickly.  Also, I would suggest you seek out Real Estate Investments Clubs; Real Estate  Associations; or look for Meet-Up Groups that are ALL about real estate business.  You will find other investors ... attorneys etc that are willing to give you good solid advice and help newbie investors.  Good Luck!