Eviction Strategy Question

19 Replies | Upstate New York, New York

We have just acquired a new property and we are having issues with one tenant.  She has a spotty payment history and has already broken a deal we stuck last Friday to pay on Monday.  Rent was due on the 1st and here we are on the 17th.  She has a month to month lease, we are going to give her a written demand for payment on Monday.  Which is the safer path, should we pursue eviction or just try a 30 day notice since she is month to month?

I would speak with a lawyer about this. However it is definitely easier to get a tenant out via 30 day notice than eviction. The issue here is you have no rent for July. And if you give a notice (really 1 full month notice in NY) they aren't legally out till Sept 1st.... So my guess is that you'll probably want to go through with an eviction. But I am not a lawyer, so I def would speak with one first!

https://www.ag.ny.gov/sites/default/files/pdfs/pub... :

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30.

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If you evict, she can pay in full on the day you are due in court and you are stuck with her for another month along with your attorney's fees. Have you inspected her apartment? Give her a 30 day and move her out before she trashes the place. It will cost you at least one month's rent as she could show up in court, say she has nowhere to go and the judge could give her a couple of extra weeks to vacate. Raise the rent to market rate and get a new tenant with a proper background and credit check.

I have only had to evict twice, but both times I was able to get the person out in a little over a month. I'm currently dealing with a holdover tenant, I don't have any experience with that so I'm not sure how lenient the judges will be in this case...

First id see a lawyer, they can tell you the best course of action.

In my opinion...

what I'd do is Go both roots, give her a 3 day notice, also notify her in writing of a 30 day notice. If she does pay great you have your rent, if she doesn't then Thursday start the eviction you may just get your apartment sooner. If she doesn't pay and shows up to court with the money, you can always ask the judge to grant the eviction on August 31st I think.

also keep it mind if you only go the 30 day notice and she doesn't pay, and then doesn't move out at the end of August then your going eviction as well.   

I have had more tenants not even show for court and out prior to the scheduled date

A couple of other questions:

1) Can we use our PO Box as the Landlord address on the 3 demand for payment?

2) Do the names of the minor children need to appear on the demand?

Just saying.. we inherited this tenant through an acquisition.  Generally, we screen pretty carefully and have not had any issues when we select our own tenants.

repost...

A couple of other questions:

1) Can we use our PO Box as the Landlord address on the demand for payment?

2) Do the names of the minor children need to appear on the demand?

Just saying.. we inherited this tenant through an acquisition. Generally, we screen pretty carefully and have not had any issues when we select our own tenants.

My attorney will write the names of the people on the lease and all other occupants, to include others that might live there but not be listed on the lease. List her name on the 3day. Don't try to do the eviction yourself. Then serve her or have your attorney have a process server serve her. Generally a landlord serving a 3 day isn't supposed to be a party to the action.

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Good luck. I don't know how it is up there in Rochester, but down here in NYC and LI, evictions starting once the cold weather hits are a pain. Courts would, generally, rather screw the landlord than risk a person or family homeless in the winter.

Depending on your state regulations I would give notice to terminate the lease immediately for the end of August. I would tell her you will be advertising the unit and expect her to have it prepared for showings. I would make it clear that if she is not cooperative I would be evicting her and she would then have a eviction on her record that future landlords would access.

There should be no vacancy time if you get on it immediately.