Rentals in 11362>Question Details

Yekasi, Other/Just Looking in

Non paying tenant

Asked by Yekasi, Tue Feb 14, 2012

Hello. I own a 2 fam house in new york city. The tenant claimed she fell on the sidewalk infront of the house last month and hired a lawyer to claim medical expenses, lost wages from my home insurance.

She hasn't pay this months rent yet and is bat 3weeks late so far. She claims that she is disabled now but she will pay rent within next week.

This is not the first time of late payment, and the lease has 2 names on it. ( the disabled one and her friend) the friend called me and said she wants to move out at the end of this month and promised to pay her half next week as well. The disabled one said she will find another roommate.

I want to evict this tenant as I dint want to deal with it anymore.

Questions,

1) I know I need to serve a pay or quit notice, but I am not sure how to get this notice to the disabled one, as she lives with her parents for past 2weeks since she is injured. I cannot mail it to the 2fam house I own because they are not home to accept it.

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Feel free to e-mail me directly for attorney recommendations.
abrocco@laffey.com
0 votes Thank Flag Link Wed Feb 15, 2012
Anyone have a recommendation on attorney which handles these things please?
0 votes Thank Flag Link Wed Feb 15, 2012
I would consult with an attorney getting tenants evicted is expensive & time consuming. You might be better off absorbing the cost until the lease runs out & then not renewing the lease. It would be less costly to speak with the tenant first before you pursue legal action.
0 votes Thank Flag Link Wed Feb 15, 2012
In order to best protect yourself, it's really in your best interest to consult with an attorney who specializes in real estate, rather than trying to handle the situation on your own...
0 votes Thank Flag Link Wed Feb 15, 2012
I have not contacted an attorney yet. I dont even have one. i will try to look, but would appreciate if anyone can tell me what is the required days for pay and quit notice so i can get that piece started.

Some states are 3 days, some states are 5 days, some states are 10 days.
0 votes Thank Flag Link Wed Feb 15, 2012
What does your attorney say about this?
0 votes Thank Flag Link Wed Feb 15, 2012
I am so sorry to hear about this. Your task now is to try to lose as little money as possible.

Her lawyer should be dealing directly with your insurance company; if not, refer all inquires to your insurance company, and keep in close touch with your insurance company's claims department. They will assign you someone for this claim. The good news is that usually the insurance company takes over and you never have to deal with it again. You should not be talking with her lawyer yourself at all, in my opinion; if that becomes essential for some reason I can't imagine, I think you need a lawyer representing you. You are no match for an attorney (none of us are).

Will your insurance rates go up? Probably not. (I am speaking about this from personal experience as a landlord with past insurance claims.) So don't panic about this part.

You need to get 4 months' rent from this person, that's not too much, fortunately. You might get 1/2 of it, which would be good. You I hope have a security deposit as well.

Re: the quit notice, please consult with an attorney for the best way to make very sure this tenant is gone when the lease is up.

I know you don't want to spend any money on legal fees, but that is part of being a landlord. You want to proceed legally and wisely, which is why you need an attorney consultation.

When I help investors evaluate investments, there is a line item EXPENSE called "V and C" which stands for "Vacancy and Collection." It's a chunk of money that we throw into the calculations to cover the cost of empty apartments AND the cost of getting back rent and evicting people.

V & C should be part of your business model, and now unfortunately you need to do the C part. Best of luck to you!

Karla Harby
Licensed Real Estate Salesperson
Charles Rutenberg LLC
Manhattan NY
212 688 1000 x146
kharby@crrnyc.com
0 votes Thank Flag Link Wed Feb 15, 2012
Also, there is a lease, lease ends in June.
0 votes Thank Flag Link Tue Feb 14, 2012
Questions continued,

2) how many days for the pay or quit notice is required in NYC?
3) can she claim she is disable and not move out?
4) the morning which she claimed she fell on, was a bright sunny day, no rain, no snow. The sidewalk does not have holes, and it has no obstructive objects as well. I don't even know how she can claim a slip and fell since there was no ambulance, no witness. I know there was no ambulance because the morning she fell, she called my sister which lives 2 houses down from her. My sister said she was just sitting in the sidewalk curb and later on her parent came and picked her up to the hospital.  In situations like this, can she really claim my home owner insurance?
0 votes Thank Flag Link Tue Feb 14, 2012
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