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Posts: 2
Reply with quote  #1 
Hello. My husband and I own a small country bungalow in the Catskill Mountains
New York. Our tenant rented it as a weekend retreat. He Lives in NYC. He didn't
pay rent this past month of February. He gave me a check on the 4th of the month
that bounced. My bank charged me a $12 fee for that bounced check. The tenant
promised that he would come "up" with cash for the rent but hasn't. It's now going
into March and now owes another month's. Today is the 3rd of the month and rent is
always due on the first. I have called and texted him many times over the last 30
days about this matter and he lies and says he will be coming with the rent and
then doesn't show. So my question is...being that this rental property is NOT the
tenant's primary residence, do I have to go through the lengthy and costly eviction process? It's not like he lives there!
I haven't seen him since he wrote the bad check a month ago and now he owes
2 month rent! I have told him I will start with the 3day notice and it didn't seem to phase him. Is it illegal to put a padlock
on the door until rent is paid? This dude thought he could afford a weekend getaway
to the mountains but obviously he can't afford it!

Posts: 208
Reply with quote  #2 
I've never heard of any exceptions to a state's eviction law if it's not their primary residence.  If they have a lease, they have a right to use the property.  Check your local laws.  Maybe there is some kind of exception for a long-term vacation rental but I would serve notice ASAP in the meantime to get the process started.  
AccidentalRental - Helping Homeowners Become Landlords


Posts: 550
Reply with quote  #3 
Agreed. You need to assume the same rules apply unless you can prove an exception (which I doubt there is, especially in NY). For all you know, he just got evicted from his place in NYC and this IS is primary residence. 

Move forward like it was any other eviction (unless you want to pay to talk to a lawyer first).

Posts: 2
Reply with quote  #4 
Thanks for the replies. I understand that I have to move forward with the eviction regardless of his other residency. Even though the tenant is never there and tells me he don't have any other address to mail anything to I have no choice but to use the property's address and the PO box number he gave me. He tells me he's staying with a friend and no way to reach him via mail. I find everything he tell me to be a lie. It's not my business what this tenant does besides paying the rent owed but it kinda irks me to see him living the high life posting pics of NYC and lots of selfies from his pad in Manhattan on social media! No worries at all!
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