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I would like to know your experience with which case type would be best for the tenants below in nyc
tenant #1 - legal unit - month to month - owes 5k
tenant #2 - not legal basement unit - month to month - owes 10k
any major difference between the two case types in terms of timeline? i just want them out.
Contracts for illegal (and or illicit purposes) are not enforceable. Thus you cannot collect back rent from a non-paying tenant living in an illegal unit.
Generally housing court cases for non-payment move faster than hold over proceedings. Latter requires a trial while former is pretty straight forward. Yes, a tenant can raise defences (does not owe rent, unit requires repairs, etc...), but a LL who has prepared a strong case with is or her ducks in a row can have easier time. With holdover cases there is always possibility judge will allow tenant to "cure" whatever caused LL to bring case and remain in unit.
Issue a 30 Days To Vacate Notice on Jan 1 to the illegal basement tenant. Since you are not seeking backpay (and cannot legally get it from them), state that you plan on using the space for your own personal use and that under NYC law, you can no longer rent the basement out. If tenant doesn't leave in 30 days, then file for a court ordered eviction. You could also file a police report at that point that you have a squatter trespassing in your basement.
For the tenant who is staying there legally, but owes money. First, issue a Pay In Full or Quit Notice. Give them 30 days to pay in full or Vacate. Unfortunately, IF you even choose to collect partial payment from them afterwards, then you'll have to start the process all over again since courts see that partial payment collections indicate you are "working out a deal with tenant". If they pay in full, you'll have to give them a separate 30 Days To Vacate Notice for a good cause eviction such as you wish to use the space for your personal needs. Either way, if they don't leave, then you need to get a court ordered eviction. I am not a lawyer, but read in several forums that this is how you remove tenants that you don't want anymore. The process is a lot harder for larger apartment buildings. But, you have a lot more leeway as a smaller home owner.
I would like to know your experience with which case type would be best for the tenants below in nyc
tenant #1 - legal unit - month to month - owes 5k
tenant #2 - not legal basement unit - month to month - owes 10k
any major difference between the two case types in terms of timeline? i just want them out.
Tenant 1 you need to do a non-payment. Holdover cases are particulary reserved for when you want possession of the apartment as well as back rent. However the tenant needs to be violating their lease in some manner aside from paying rent to have a holdover case put on them. There's a process with holdover cases and typically you have to start with a 15 day Notice to Cure for whatever nuisance the tenant is causing. There's holdovers that are more "automatic," like drug holdovers, where the tenant is selling drugs from the apartment. There's several different types of holdover cases. Most likely Tenant 1 will be put on a stip and the Court will stay the warrant. If they miss a stip payment, the warrant gets executed and the marshal evicts, I believe thats how non-payments work if I remember correctly.
Tenant 2 needs an ejectment case since the apartment is illegal. You won't get any money back, the tenant gets evicted, and I believe they padlock the apartment until you make arrangements to restore the space to its original legal use.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Hi,I need help.i am getting evicted due to unpaid rent and I am on ssdi.i don’t want to leave my apartment and I am scared.
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