Landlord Question and Answer Forum

Made my 2nd mistake in 20 years. Never to happen again! This tenent never paid the rent on time from day one. I ca probably could go through all of the excuses I/E Dog ate my check book ,I mailed it yesterday,got lost in mail,IRS seized my account, Bla Bla Bla.... Basement looks like a dump with garbsge stored for weeks Now has a BUM living illegay with her(Not on Laese) and bought his dog with hime, No pets allowed on lease. To make a long story short she is in violation of 4 sections of the lease. The lease runs out in August 1,2012. My gut feeling is to wait until 60 days befor serving notice of non renewal would be in my best interest and has more legal bearing than evicting her on the violations. NY law only 30 days notice is required.

Evicting for rent requires a 3 day notice, then going right to the court if they haven't paid within the three days. If you give them a thirty day notice to vacate - they have 30 days, but if they don't leave you will have to go through the eviction process either way. You then you would have to send them another notice and wait. You may want to contact a lawyer. But my opinion would be to go straight through the eviction process.

Posted by Clark F, OK on Wednesday, March 14, 2012

I would go thru a lawyer, I am not familiar with the laws in NY.. not at all, but; In NH, I've evicted a few tenants over the years, and if there is one thing I have learned, its best to be on some sort of good terms when they leave... even if in a purely business like way, to avoid damages.. so; if there is a way to legally "suggest" they leave on their own, and call it a day, you might save lots of head aches, I know that I would have paid a few tenant to leave rather then the result of the damage they caused me, maybe there is a way to offer them cash to move, bite the pride, and say see ya! and have the piece of mind to move on.. just a thought... I've know land lords to do that and it certainly made their next steps much easier... but; I would do it through a lawyer.. there must be a way to offer an out, its a contract and a tenant looking at an eviction with the chance to leave with a few hundred in cash might jump at the opportunity, besides you might save some legal costs as a result.. hope I've at least given you a cleaner option to look at.. John

Posted by John W, MA on Thursday, March 15, 2012