Release tenant at end of lease

9 Replies

I've been having an issue with a tenant (property in Queens, NY) who is constantly late with the rent.  The lease expires in April and I do not plan to renew the lease.  This is my first time dealing with a problem tenant and I want to make sure I follow all the NYC rules.  I would appreciate any suggestions for the forum how best to handle the situation.

Thanks!

you're going to have to research your local laws. typically, you need to give 30 days notice and one full rental cycle. this means to get them out by April 30, you must serve notice of non-renewal by March 31. it is possible that your state laws are 60 days or it is possible your lease states 60 days even though your local laws are 30.

go by your lease and local laws. first step is find your local laws, and learn them forward and backwards. they are necessary for proper operation of your business

Landlords routinely issue non renew notices therefor your state has a standard policy you must follow.

Learn and follow your state landlord tenant regulations.

@Andrew Boettcher , @Thomas S. - Thank you for the advance.  I gave the tenant the non renew notice and even offered an extra month if they paid the rent on-time.  Unfortunately, still no rent.  Hoping I don't have to go to extra measures to get them out.

As long as you are following the landlord tennat codes and sent the non payment notice on the 2nd of April you should be OK but should prepare to evict if necessary. Highly unlikely you will see any rent for April. If you have not started the paper trail you may be facing the loss of an additional months rent if he fights.

Follow through with all necessary notices, eviction filing etc. and be prepared in the event he does not leave. You will likely need to proceed in order to collect anyway.

Assuming you've properly followed the process and have not received rent for April I would start an eviction.  That might motivate your tenants to pay, and will show them you won't be walked on.

@Jon Holdman - Great advice!  I was hoping to avoid starting an eviction since I've never done one before.  However, I think it makes sense to get the ball rolling earlier.  Thanks for the feedback.

Originally posted by @Raul Tirado :

@Jon Holdman - Great advice!  I was hoping to avoid starting an eviction since I've never done one before.  However, I think it makes sense to get the ball rolling earlier.  Thanks for the feedback.

 you always start the very first day you can. this is to protect yourself. in addition, "starting it" means giving a notice to pay or quit which is basically free and does not require an attorney.

@Andrew Boettcher - Appreciate the feedback!  My guess is that the tenant is thinking that they can use their security deposit towards their last month's rent.  

That's a very common misconception.  I make security deposit a bit less that the monthly rent to try to make it clear its not the last month's rent.  And, when getting or giving notice for the end of the lease I point out the security deposit is NOT the last month's rent and that I expect that last months rent to be paid as normal and on time.

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