This is in NY, Suffolk County. The tennant took residence on the 15th. Originally the check cleared, but then a hold was put on it and it bounced. The tennant has no lease and we're now concerned that we'll need to evict and find a new tenant, but understand that it can be difficult. What is the procedure if that is the case?
2006-10-18 06:04:49 · 10 answers · asked by Ivy 2 in Politics & Government ➔ Law & Ethics
Give the tennant a 3-day pay or quit notice. If they don't pay or move after 3 days, file for an eviction. If the tennant has no lease as you say, you can call the police and try to evict by tresspassing, but if they have any paperwork saying that they where allowed to move in (even without signing a lease & including the bounced check) you're out of luck. You will have to evict.
for more info, try Nolo's Every Landlord's Legal Guide. It's come in handy for me and definitely has paid for itself.
Good luck.
2006-10-18 06:17:47 · answer #1 · answered by makawao_kane 6 · 0⤊ 0⤋
She is in breach of contract so eviction should not be hard. Plus since you have no lease you only need to give her thirty days notice to terminate her contract with you, if she pays you every 30 days. And you would not even have to give her a reasons.
You could file a complaint to the Suffolk Police for issuing a bad check, but that won't get her out. Or you could tell her to leave or you will begin the eviction process and also file a civil suit against her for cost to find a new tenant, the cost of rent she should have paid, court costs...etc. She might agree to leave. If she does not you take her to court and if she does not show you will get a judgment against her.
2006-10-18 13:16:07 · answer #2 · answered by strangedaze23 3 · 0⤊ 0⤋
You can have your tenant evicted, usually through small claims court. Just go down to the courthouse and ask someone, they'll tell you how to get started. Usually costs anywhere from $50 to $100 to file the case.
They'll set a date for the hearing, usually within a week or two. At the hearing, if you win (that is, the magistrate enters the order of eviction) then your tenant will have some time, usually 10 days, to leave.
After that 10 day period you'll be able to have the sheriff forcibly remove them if they haven't left yet.
2006-10-18 13:15:34 · answer #3 · answered by Sheik Yerbouti 4 · 0⤊ 0⤋
You quite obviously need a lawyer.
Mistake #1: No lease, but you let the tenant move in.
Mistake #2: You trying to do the eviction yourself. I guess I'd approach them for a money order or cash to replace the check and let them first make it right. If they can't or won't then you need to serve a pay or quit notice and be prepared to evict. Non-payment of rent evictions are "easy," but you have to do all the right steps.
2006-10-18 13:25:30 · answer #4 · answered by kingstubborn 6 · 0⤊ 0⤋
Have you spoken with the tenant and asked what happened? I would be careful because if this is happening already, it may happen again. If it was me, I would either evict the person or tell them that they can no longer pay in the form of a check. They would need to get a money order or cash.
2006-10-18 13:15:56 · answer #5 · answered by cubswin03 3 · 0⤊ 0⤋
Your first step should be to talk to the tenant and request they immediately make good on the money and get a lease in place. Otherwise, you will need to follow the eviction procedures for your state/city.
2006-10-18 13:18:01 · answer #6 · answered by Chris 2 · 0⤊ 0⤋
Commence eviction proceedings if they don't immediately come up with the cash. You have learned a valuable lesson: Nobody takes possession on a personal check: Cash, cashiers check or money order only. Now you'll pay for that lesson with the eviction expense. Suggest you get a lawyer. It will be much faster & until you get them out your property is costing you every day.
2006-10-18 15:40:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Talk to the tenant about the issue first to see what happened. If you have an agreement and she has violated it, your agreement can be null and void. It depends on your state, but you can give her a notice that she will be evicted in so many days.
2006-10-18 13:46:46 · answer #8 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
You can file charges of fraud by deseption, treaspassing, or illegal use of property. Just don't ever vote for Hillary, or you'll never be able to take care of a mess like this again.
2006-10-18 13:08:02 · answer #9 · answered by Spirit Walker 5 · 1⤊ 1⤋
call the attorney general and relay your story to see what options you have. have you talked to the tenant?
2006-10-18 13:13:38 · answer #10 · answered by Jenn 5 · 0⤊ 0⤋