Home Buying in 60651>Question Details

Sarah Stavrou, Real Estate Pro in NYC, NY

how many months late does a tenant has to be paying rent before you can send a 5 day notice to evict?

Asked by Sarah Stavrou, NYC, NY Fri Sep 14, 2012

Help the community by answering this question:


Check your lease first, its likely you will have a 5 day grace period, at that point you can serve the notice.
0 votes Thank Flag Link Mon Oct 29, 2012
my tenant signed a lease and we did it through a real estate agent. They haven't paid Oct. Rent- have things still in the apt. Abandoned the apt and haven't given us our keys.

What are my rights?
0 votes Thank Flag Link Mon Oct 29, 2012
Tell them they need to remove their belongings and return the keys or they will be held responsible for all costs of doing so!
Flag Mon Oct 29, 2012
Check the lease! Depends on the landlord and your situation
0 votes Thank Flag Link Mon Oct 29, 2012
A tenant responsability is to pay the rent on time every month. If you have a grace period, normally 3 to 4 days, the landlord have to wait until the grace period is pass. If landlord file for the rent, the tenant must be given a five days notice and the opportunity to pay all of the rent and any late fees anytime before the lawsuit is filed and avoid eviction.
Is a good idea to review your lease to see How many days of grace period you have.

Best of Luck,

Maria Cipollone

0 votes Thank Flag Link Sun Sep 16, 2012
One month's rent late is late. Actually no months late before you serve a 5 day notice. If your rent is due on the 1st of the month. You can serve a 5 day notice on the 2nd of the month. This notice gives the tenant 5 days from service to pay their rent. After the 5th day of service you are free to file a complaint for non payment of rent and possession. Also, please check your lease to make sure you've not given any special provision for late rent.
0 votes Thank Flag Link Sun Sep 16, 2012

You do not wait months before you take action, contact an eviction attorney right away.


Good luck!
0 votes Thank Flag Link Sat Sep 15, 2012
Thank You.
Flag Sat Sep 15, 2012
Every state is different. Check the laws in your state.
0 votes Thank Flag Link Fri Sep 14, 2012
I will ck. Thank you
Flag Fri Sep 14, 2012
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