Tenant won't pay first month's rent

[BEJ]

my son rented my home in jamaica, ny on february 1, 2001. the tenant gave him one month's security and he allowed her to move into the home but now it has been almost 30 days and she has not paid the first month's rent. Instead she called the building inspector and made complaints about the home and she called the police. she is now making all sorts of reports about the condition of the home, the stove, etc. I need help desperately. I understand that since she did not pay the rent and 30 days has not elapsed she can be evicted without court action. I sent her a letter asking her to vacate the premises. Please help.

 

[dj1]

You sent her a letter asking to vacate on what date?

Did you send it certified and return reciept?

The next day after she is supposed to vacate, you must go to Queens County court..on Suthpin Blvd. , and start a non payment proceeding.

Also legal fees are tax deuctable against your rental income, if you choose to hire a lawyer, PLUS you can get her to pay for your legal fees.....IF YOU ASK FOR THEM IN THE ORIGINAL PETITION.

Of course if she has no money then you get a judgement which stays on her record for at least 10 years and when she finally gets a job, you can get her paycheck attached.

Your son...how did he screen this loser? What no reference letter from the last landlord? and he didnt get ALL the money up front.....

........ YOUR SON IS A DOPE.........

Apartments are so scarce here in NYC, that NO ONE and i mean NO ONE can ever get a landlord to rent you a place without ALL the money,... and sometimes 2 months security and the first months rent, and in certified checks, NO PERSONAL CHECKS...before ANY landlord would hand over the keys...


HAVE YOUR NUTTY SON TAKE SOME DAYS OFF FROM WORK AND STRAIGHTEN THIS MESS OUT, and tell him to pay for the lawyer out of HIS pocket, then next time he will be more careful to who he rents to.

[Edited by dj1 on 02-27-2001 at 09:16 PM]

 

[BEJ]

Agreed, my son is a dope. I sent her the letter on February 22nd, certified mail return receipt requested.

 

[dj1]

When does it say to be out by?

The go to the courthouse and start getting the paperwork in order, then it has to be served on her by someone who is a non party to the action, and then it must specify a court date, and DO NOT BE LATE.... NO EXCUSES


If your case is called and you are not there, i dont care its a blizzard outside, as long as the judge makes it there, then YOU LOSE if she is there and you are not.

If you both are not there .then you have to start this whole process all over again with another notice to vacate, and a new filing in court...

Its time for your son to learn how this process works, tell him to take some of his vacation days off to learn about how our court system works.

 

[BEJ]

She is supposed to be out today February 27th. Thanks for your help. I live in Florida but my husband is in New York right now and he will start the proceedings. She called the cops on my husband today and the cops said that I had no right sending her that letter.

She is parking her car in the yard which is not a driveway or garage. I mentioned in the letter that she should not do that becasue its damaging the front of the house and the gate cannot close. I told my son to padlock the gate which he did but she took the padlock off. Thanks again.

 

[dj1]

Hopefully your BONEHEAD son DID NOT rent the place with heat and hot water too,

You know she is going to turn the heat up to 90, and run the hot water constantly, and if its OIL heat you will have to fill it.....

OR else she would be able to take you to court, for cutting off her utilities... no kidding....

The only HOPE is she has to pay for the oil or gas, and she will have it cutoff for non payment..

You son is going to owe you a lot of money after this..