Recommendations needed for a New York City eviction Attorney

Recommendations needed for a New York City eviction Attorney

Investor · Brooklyn, NY · Member since 2015 · 43 posts · 11 votes

I have a tenant who has been repeatedly slacking on rental payments. Sometimes, she'll skip a month or two, but then catches up with overdue rents. But this recurring on again / off again payments is frustrating and annoying.

As most New York investors know, evictions in NYC can take a very long time - sometimes 6 months; and in some cases a year plus. Some tenants know how to play the game very well since New York is VERY pro-tenant! I suspect rent is not a priority for her because she knows by the time paperwork is filed, and a few court appearances get postponed, she would have paid up. I know it's better to try to turn a non-paying tenant into a tenant, then going through the eviction process - but the feeling of getting taken advantage of is like a gnawing pit in your stomach. But I acknowledge that it's my fault as I let sympathy get in the way when it started happening.

Aside from the few months of non-payments, and then catching up - there are no other issues with her. The initial tenant screening about 7 years ago was good - although I've gotten much more stringent on screening process since joining BP about a year ago.

Does anyone have recommendations on a good eviction attorney in the Brooklyn (or New York City area)? Have you used them personally? If so, let me know what the experience was like.

Or if you think hiring property management company temporarily to handle the situation is a better option.

Thanks.

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Specialist · Somewhere in outer Space... · Member since 2016 · 32 posts · 19 votes
9y

Daniel, if there's nothing else other than late rent, it'll be very hard to find a court supported reason to evict. Courts will just arbitrate especially with De'Blasio and you'll waste a lot of time and money on an attorney. You may consider charging late fees or build that into your next lease. If the apt is unregulated your best bet is not to offer a new lease and/or jack the rent up. At that point she may refuse both and stay put but then you'd have a cause. Property management is a preferential to how hands off you want to be. They still need a valid reason. If you want LT references, PM me. Good luck!

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  • Specialist · Somewhere in outer Space... · Member since 2016 · 32 posts · 19 votes
    9y

    Daniel, if there's nothing else other than late rent, it'll be very hard to find a court supported reason to evict. Courts will just arbitrate especially with De'Blasio and you'll waste a lot of time and money on an attorney. You may consider charging late fees or build that into your next lease. If the apt is unregulated your best bet is not to offer a new lease and/or jack the rent up. At that point she may refuse both and stay put but then you'd have a cause. Property management is a preferential to how hands off you want to be. They still need a valid reason. If you want LT references, PM me. Good luck!

  • Investor · Brooklyn, NY · Member since 2015 · 43 posts · 11 votes
    9y

    Thanks for the input @Eddie V.

    But it is 4 month's late at this point. I've kept a running tally of late fees even though the chances of ever collecting them are impossible. The lease will be expiring soon, so I'm switching it from yearly to a month-to-month lease; and adjusting the rent accordingly as it's well below market rate. I'm hoping a few emails / letters from an attorney is enough to scare her into getting caught up ASAP. Or I will offer options to move; and worse case scenario, be ready to spend a months trying to get her out. I'll PM you. Thanks.

  • Rental Property Investor · Brooklyn, NY · Member since 2013 · 272 posts · 165 votes
    9y

    @Daniel C. 

    Are you smokin sumtin?? 

    If you let this Tenant that you complain so much about stay on a Month-to-Month Lease after her existing Lease expires, I may well go down there myself just to kick your  butt !  (as a fellow Landlord, in a tough-loving way, of course)

    When her Lease is up, Get the deadbeat Tenant OUT!  Period.   Do NOT renew. NO Month to month. Out!

    You're asking for trouble if you keep her in.  Consider yourself warned. 

  • Investor · Brooklyn, NY · Member since 2015 · 43 posts · 11 votes
    9y

    Thanks for the "tough-love" pep talk @Michael G.  I will not renew. I am in talks with an attorney; and will start the process of getting her out once her lease is up.

  • Rental Property Investor · Brooklyn, NY · Member since 2014 · 92 posts · 17 votes
    9y
    Daniel C. Stop taking the rent money an start the eviction process asap you would then have just cause for eviction.
  • Rental Property Investor · Brooklyn, NY · Member since 2013 · 272 posts · 165 votes
    9y

    @Daniel C.

    You may not need an attorney.... just give her notice (as much advance notice as possible)  to leave when her Lease is up.

    She'll probably go.

    It really might be that simple....

  • Rental Property Investor · Brooklyn, NY · Member since 2013 · 272 posts · 165 votes
    9y

    Gents - Forgive me, but since we're all Brooklyn Property Owners / Managers here, may I (also) draw your attention to this indirectly related but pertinent thread?

    https://www.biggerpockets.com/forums/721/topics/456731-landlords-in-brooklyn-lets-share-a-part-time-roaming-super 

  • Rental Property Investor · Brooklyn, NY · Member since 2013 · 272 posts · 165 votes
    9y

    @Daniel C.

    Daniel... update us.... what happened? Did your tenant leave without issues or problems?

  • Investor · Brooklyn, NY · Member since 2015 · 43 posts · 11 votes
    9y

    Things went ok. I sent her email detailing the amount owed for overdue rents, and indicated that unless the past rents were paid up that the lease would not be renewed. About a week later, a direct deposit was made for all overdue rents; bringing things current.

    Considering the 6-12 months of no rental income during NYC eviction, expected heavy property damage, while I’m trying to acquire another mf property, and my current work schedule; going through this process, at this time, would be too taxing – not just financially. Obviously, many will not agree with my decision; but between an eviction that could result in $20K+ loss versus rents are 2-3 months late once in a while (but eventually paid) – I chose the option that’s a lot less frustrating, demanding, and financially draining...for now. I have not ruled out eviction altogether.

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