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taraspat

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Posts: 3
Reply with quote  #1 
My tenants owe me 2000 in back rent for June and July. They were supposed to move out by July 31st and I was hoping that they would just leave by the 31st when their lease expired. They text me on the 1st and say they need until the 7th to move so I do prorated rent (spoiler alert they don't).  Now I did give them a 3 day notice a few days ago and said if they do not pay by the 7th that I would file for eviction. Well come to find out that the law here in NY state changed and now I need to send out a 14 day notice which pisses me off.

SOOOO my question is do I need to hire a lawyer now so that they send the 14 day notice? Or can I still do it myself? If so where do I get this 14 day notice and do I need to get it notarized and send it through certified mail? Also, can I now charge them for the entire month of August? 
I know there are a lot of questions but I am at my wits end with this

P.S for anyone saying I should have evicted them earlier I would have but I was on vacation for the entire month of July

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AccidentalRental

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Posts: 207
Reply with quote  #2 
NY is a mess right now with the new laws.  It's my area so I can't say.  If you don't get state-specific advice here, head over to reddit.  There will be someone there to point you in the right direction.  Good luck!
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Anonymous

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Posts: 90
Reply with quote  #3 
If you haven't already spoke with an attorney, you might try posting your question on a free legal website like http://www.AVVO.COM.  You can ask free questions and state specific to at least give you an idea what to do.
BillHoo

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Posts: 73
Reply with quote  #4 
First go to your county clerk and ask for the requirements to evict.  Make sure what they tell you matches with what the sheriff's office tells you.

County may say you need to give them a 5 day notice in a certain letter format. 

Sheriff might say you need to give them a fee to use THEIR letter and THEY will deliver and give you a receipt notice.

Once you get the receipt that the letter has been delivered, wait 5 days.  If you have not been paid, then go to your county court and file fore an eviction, or sometimes called an UNLAWFUL DETAINER.

It is also a good idea to file a WARRANT IN DEBT at the same time.

You will get a hearing date, probably within 3 week to a month.
- If they show up, it's likely they will be ordered to pay.
- If they don't show up, the judge will send an eviction notice, with a deadline of about 2 weeks to a month.
- If they do show up, they can file an appeal and get three weeks for another hearing
- At the hearing, if they don't pay, they will get a few weeks more for an eviction date
- On the eviction deadline, the Sheriff will escort them off the property and their belongings will either go on the street, or you might have to pay for storage.

Different states handle things differently, but that is the gist of it.  Takes maybe 3 months at most.

That's why I have gotten into the habit of giving tenants a 5 day notice within a week of the late rent.  Fees may cost around $60 to $100.  Luckily, I've only had to do this to ONE tenant in the past 19 years and it did not go to hearing.  She just paid what she owed and moved out when her lease ended.  the problem with her, was I had to file several different times during the year before she left.

What does your lease say about staying beyond the lease term?  I have a clause for holdover rent that is AT LEAST 60 percent higher than the regular rent.  This discourages them from staying beyond the term without signing a new lease.  ie.  if rent is $1500 and they stay after the lease ends, then the rent becomes $2500 or more.  I prorate accordingly.




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