What canI doif my tenants are 3 months late and don’t want to move?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What canI doif my tenants are 3 months late and don’t want to move?
My tenants have always been 2 months behind on their rent. The lease will expire at the end of this month. I sent a certified letter at the end of last month, explaining the lease will not be renewed, to pay all the rent owed and to vacant the apartment by the end of this month. Now 30 days after they got the letter they called me to tell me that they could pay me half of the balance. However, they would pay only if I promise in writing to renew their lease and allow the remaining of the balance to be paid on small bi-weekly payments (that will take them until the end of the year to finish), otherwise they will not pay. It looks like they are not planning to move. What are my options?
Asked on October 3, 2011 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can evict them. When a tenant does not pay all rent in full when due, the landlord may evict. This is the case even if the tenant promises to pay half the arrears now and the rest in installments--as a landlord, you are not required to take payment over time or in installments. Whether you *should* do that depends on--
1) Business factors: how hard would the apartment be to re-rent? How long would it stand empty? How much do you need the cash flow? What could you re-rent for?
2) Emotional/psychological factors: what will it do your mental health to have to keep dealing with these tenants?
3) Trust factors: do you think they'll honor the deal, or just use it to buy time and you'll be back where you started from?
Weigh these factors to decide what to do. Then, if you want to evict, get a lawyer to help you--it will go faster and smoother.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.