New Landlord with inherited problems

#1 02-03-2003, 04:57 PM

What is the name of your state? NY

I have taken over my families rental properties, due to mismanagement due from old age and alzheimers. I have retained a lawyer approx 7 months ago, and things are moving slowly.

Problem1: I have one two family residence in particular which has a tenant living there whom has not paid rent since he has moved in approximately 9 months ago. He was served with a five day notice to pay rent which he ignored. This non paying tenant is non cooperative and billigerant. He is also disturbing out paying tenant and running up large heat and electricity bills. My Lawyer says that I need an affidavidt of non military service before we can move forward with taking him to court to remove him. Is this correct or should I be seeking a new attorney?

Problem 2: In another two family rental facility there is a tenant whom has not paid rent for over 4 years now and has been renting out rooms on the other level and collecting rent. She was served with a 30 day notice and hold over notice, which both were ignored. I have to go to court in the next few weeks. Is it likely for the court to allow her continued access to the home due to squators right? or can I anticipate a ruling in my favor and immediate removal of this menance? I am contemplating getting rid of my current attorney before court is this a good idea or will it delay preceedings?

Pleas help!

-Going Crazy!

FarmerJ · #2 02-03-2003, 08:07 PM

1 it is normal thing for courts to ask if a renter is in military when its a eviction its a standard question and since its a nonpayment issue did your eviction forms for court filing have just a yes or no or a check off , for the military ?
2 Your other dracula shouldnt be a major problem let the atty deal with it since you live in a state with very wierd landlord tenant laws and as soon as you can you need to hire a professional property management company for atleast 6 months to a yr so you can take time to learn more about being a LL in your state ( 4 yrs should make a nice size judgement for rent owed If you get one go talk to a judgment enforcement company )

#3 02-03-2003, 10:04 PM

Just what kind of Bozo lawyer did you get?

Oh you got the cheapest one, it serves you right!!!

Get a real landlord tenant laywer, one who LIKES..LOVES being in a court room, a nasty low life....they cost REAL MONEY!

You hired a feelgood Oprah lovin lawyer, they why you are in this mess!

>>>>>>> running up large heat and electricity bills.<<<<<<<

WHY? did you include it in the rent?