What is an Article 81 Guardianship in New York?
As a landlord, you expect your tenants to do the right thing and pay the rent you’re owed. Unfortunately, life happens, and sometimes tenants are unable to pay their rent. If you’re a landlord whose tenant isn’t paying rent on time, you have rights and options, and our legal team is here to help you explore them. Continue reading and reach out to an experienced Rockland County landlord rights lawyer from The Law Office of Peter A. Hurwitz, PLLC to learn more about how we can assist you. Here are some of the questions you may have:
What Should I Do First When a Tenant Doesn’t Pay Rent?
Generally speaking, the first thing you should do is make sure the rent is actually overdue, review the lease, and determine precisely how much money the tenant currently owes you. From here, you should begin documenting everything related to the missed payments. For example, you should keep copies of the following:
- The signed lease and any lease renewals
- The tenant’s complete payment history
- Any correspondence concerning unpaid rent
- Copies of notices that were sent to the tenant
- Proof that required notices were mailed or served
- An accounting of all rent currently owed
You should also note that, for residential tenancies, New York law generally requires landlords to provide written notice when rent has not been received within five days of the date it was due. Rather importantly, failing to provide this notice can potentially create problems later if you need to file a nonpayment proceeding.
How Do I Start a Nonpayment Eviction Case in New York?
If your tenant still does not pay, you will generally have to serve a written 14-day rent demand before you can begin a nonpayment eviction case.
Essentially, the 14-day notice informs the tenant of the amount of rent that is owed and gives the tenant at least 14 days to either pay the outstanding balance or surrender possession of the property.
The notice must also be properly served. This is very important, as simply sending your tenant a text message, email, or verbal demand will not necessarily satisfy New York’s requirements.
If the tenant still fails to pay after the required period has passed, you may then file a nonpayment proceeding in the appropriate court. Depending on where the property is located, this may involve a Town, Village, City, or District Court.
In a nonpayment case, a landlord may potentially seek:
- A judgment for unpaid rent
- A judgment of possession
- A warrant of eviction
- Other relief permitted under the lease and New York law
Simply put, landlords should make sure all notices and filing requirements are handled correctly from the beginning, as even a relatively minor mistake can delay the eviction process considerably.
Can I Remove a Tenant Myself for Not Paying Rent?
No. Even if your tenant owes you several months of rent, you cannot simply change the locks, remove the tenant’s belongings, shut off utilities, or otherwise force the tenant out yourself.
Instead, residential evictions must go through the proper court process. Generally, after a landlord obtains the necessary judgment and warrant, the actual eviction must be carried out by an authorized law enforcement officer.
Unfortunately, nonpayment cases can become complicated, especially when tenants dispute the amount owed, claim notices were improperly served, or raise other legal defenses. For this reason, if your tenant has stopped paying rent, you should strongly consider speaking with an experienced Rockland County landlord rights lawyer from The Law Office of Peter A. Hurwitz, PLLC. Our firm is here to protect your rights, every step of the way. Contact us today.
