Lawyer say's tenant does not have to pay

[hidden]

What is the name of your state?I live in NYS. I served my tenant a 3 days notice to pay rent, Then I filed a Notice to recover possession of property.I went to court and a trial is set for next week. The tenant's lawyer called wants to settle out of court. He offered me a $750.00 judgement. I told him all I wanted was my rent in cash. He told me that the tenant does not have to pay me even if I accept the deal. I asked him again for the money and he said she does not have to pay. Can I demand my cash. Is my only option taking the deal and should I go to trial with this matter.

 

[JETX]

What is the name of your state?I live in NYS. I served my tenant a 3 days notice to pay rent, Then I filed a Notice to recover possession of property.I went to court and a trial is set for next week. The tenant's lawyer called wants to settle out of court. He offered me a $750.00 judgement. I told him all I wanted was my rent in cash. He told me that the tenant does not have to pay me even if I accept the deal. I asked him again for the money and he said she does not have to pay. Can I demand my cash. Is my only option taking the deal and should I go to trial with this matter.

Your post is confusing and offers NO explanation for the response by the tenants attorney.

1) How much does the tenant owe you in back rent?
2) What does "He told me that the tenant does not have to pay me even if I accept the deal" mean. Presumably, you wouldn't dismiss your suit unless you were paid in full.... so 'what deal'??

"Can I demand my cash."
*** Of course you can.

"Is my only option taking the deal and should I go to trial with this matter."
*** Your options are to consider any acceptable 'offer' up to the time that you go to court.

 

[hidden]

The amount owed by the tenant is $750.00. She refuses to go to court for the trial. The lawyer offered me a $750.00 judgement the full amount to avoid a trial. I told him I want cash. That's when I became confused because he told me that she did not have to pay if a judgement was given. The lawyer instructed the tenant not to pay me the $750.00 after I agreed to the terms and the papers were signed. On paper the tenant will agree to pay me the $750.00, but will never give me the money.That would mean I would have to file for a lien to receive my money.If I go to trial and win the case the judge will grant me a judgement $750.00 and I will be in the same boat I think. It looks like the lawyer wants to settle this on paper and not with money. I'm very confused.

 

[JETX]

The amount owed by the tenant is $750.00. She refuses to go to court for the trial. The lawyer offered me a $750.00 judgement the full amount to avoid a trial. I told him I want cash. That's when I became confused because he told me that she did not have to pay if a judgement was given.

I think your confusion is in believing that a judgment in your favor forces the debtor to pay you immediately. It doesn't. It is in essence, a 'special IOU' with legal processes to help force the debtor to pay.

The lawyer instructed the tenant not to pay me the $750.00 after I agreed to the terms and the papers were signed. On paper the tenant will agree to pay me the $750.00, but will never give me the money.That would mean I would have to file for a lien to receive my money.If I go to trial and win the case the judge will grant me a judgement $750.00 and I will be in the same boat I think. It looks like the lawyer wants to settle this on paper and not with money. I'm very confused.

Clearly you are. At this point, I would simply proceed with court and then evict the tenant. At least that way you will limit your 'losses' to immediate and be able to try to get a 'responsible' tenant who will pay.

 

[hidden]

What happens if the tenant moves out before the court date ( lawyer says tenant will be out about 5 days before the court date) and the lawyer still wants to settle with the $750.00 judgement to avoid court? Should I refuse the $750.00 IOU and still go to trial? Can I still demand a cash payment? Will I have the same result if I win in court a $750.00 judgement.
Thank you for taking the time to help with this, I really appreciate it.

 

[JETX]

"What happens if the tenant moves out before the court date ( lawyer says tenant will be out about 5 days before the court date) and the lawyer still wants to settle with the $750.00 judgement to avoid court?"
*** If the tenant moves out before the 'eviction' date, then you simply file to dismiss the eviction suit and handle as a 'normal' tenant move out. This means that you proceed with deducting those costs/damages from the security deposit as allowed and then refund the difference (if any) to the tenant. And if there are damages/costs in excess of the deposit, you can file a 'normal' small claims action against the tenant.

"Should I refuse the $750.00 IOU and still go to trial?"
*** See above.

"Can I still demand a cash payment?"
*** You can demand anything you want. However, the tenant is under NO statutory obligation to comply.

"Will I have the same result if I win in court a $750.00 judgement."
*** Yep.

 

[hidden]

There was no security deposit. This person was living with a man he paided the rent for 3 years, lease agreement was with him. He moved out,a week later she moved out. About a week after she moved out, she called asked if she could pick up the things she left in the apartment. I left the door unlocked she went into the apartment slamed the door, locked it and said evict me and stated that she was not paying me. I called the police and was told I would have to evict her.That's when I served her the three days notice.

 

[JETX]

Oops. Sounds like you have a hell of a problem here.
Go ahead and evict her.

 

[hidden]

Thanks for your help. I posted another question reguarding this person. If you have time can you take a look at it.
Thanks
Ann

 

[JETX]

Sorry, but I am much too busy to go looking for other posts. If you want me to specifically look at it, you need to post it here on this continued thread (if relative to this issue). Otherwise, I might respond if I happen to see it and it interests me.

 

[hidden]

THANKS, Here's a copy.
I live in NYS I rented to a couple for 3 years. The man moved out, about a week later the woman moved out. About a week after that the woman called and wanted to pick up some things left in the apartment. I left the door unlocked so she could get in. She locked herself in the apartment and refused to come out.She said she was not leaving and would pay no rent. She wanted me to serve her with eviction papers. Since she was elderly I called Social Services, Adult Service Division.In a few days they sent a worker. Also Office of the Aging meals on wheels started to come and bring food. They offered to take her out so she could shop, do banking and check mail since she received an SSI check.She would not leave the apartment they had to do all for her. I became the bad guy because I wanted my rent. I served her with all the necessary papers. Social Services told her not to pay she had 30 days. Social Services gave her a name of a Legal Aid Lawyer which she called. The Social Services worker along with the office of the aging worker took all the papers which I served her, took them back to their office and faxed them to the lawyer.The lawyer still has not even met her. Did Social Services and Office of the Aging overstep their bounds in this matter by being bias and taking sides?????

 

[hidden]

Her lawyer called today. She moved out yesterday. I told him I would accept the $750.00 judgement. He said he would draw up the papers. He said that the papers would included that I give up any further right to claim damages to the apartment which included items which were broken by her during the month.Is there anything I should watch for when I read the papers? He wants me to sign them on Monday. He said there will be no need for me to go to court on Tuesday he would take care of everything with the judge..

 

[queenofsand]

Who's looking out for your interests? I wouldn't let HER lawyer handle MY business. Have your attorney look over the paperwork before you sign. Are you willing to 'eat' the damages to the property? What if her lawyer doesn't follow through with the judge/paperwork and you lose by default for being a no-show on Tuesday?

 

[hidden]

Thanks for the advice. I will have my attorney read them before I sign anything. I don't want to eat the damages. So if I don't sign the papers I will have to go to court which is no problem, he'll tell the judge that he made the offer and I refused. I assume that then the trial will proceed. Quick thought,do you think that I should wait until the night of the trial and have the lawyer bring the papers to court and review them before the judge. This way I can object to the part about the damages.

 

[Born to Lease]

Who's looking out for your interests? I wouldn't let HER lawyer handle MY business. Have your attorney look over the paperwork before you sign.

I agree!!! This situation is filled with reasons NOT to trust this woman or HER attorney. (It would NOT be wise to trust another person's lawyer, in any situation.)

Are you willing to 'eat' the damages to the property?

Do not allow this woman, because of her age, cause you to feel "sympathetic" or otherwise. Just because a person appears helpless, and in a bad state, does not give them the right to create trouble for you or anyone else. If she damaged YOUR property, then she should be held responsible for the cost of repairs/replacement of the damaged items.

What if her lawyer doesn't follow through with the judge/paperwork and you lose by default for being a no-show on Tuesday?

That is exactly what it sounds like, he is hoping for. It is already very obvious this lawyer is NOT on your side...