I am a Bronx Landlord and have a lease but the Tenant is not paying the rent what can I do?
This question comes up pretty frequently here in the Bronx.
In my opinion the correct answer is provide the attorney either in person or by fax or email with a copy of the signed lease so it can be reviewed and proper instructions provided to you.
Leases can be created individually on a word processor or bought online or in a store. Two common forms are those provided by Blumberg corporation and those available from the Rent Stabilization Association (usually for 6 or more unit buildings).
We must examine the Lease to determine how much time you must give the tenant in a notice before filing a NONPAYMENT case. A nonpayment case is litigation in Housing Court wherein the Landlord demands the rent from the Tenant. The Tenant can stay and avoid eviction by making payment as opposed to a Holdover case, (see my previous Blogs) wherein you need the tenant to move
In most cases, we prepare a 5 day notice and that notice is then served by a licensed process server in the manner provided by law. Our process server is licensed by NYC Dept of Consumer Affairs.
If the Tenant fails to pay you the rent by a date set out on the Notice we then prepare the Petition which will be filed in Housing Court. That starts the Court case. Once served the Tenant is supposed to go to Court to file his or her Answer and the Clerk assigns a Court date. Outside NYC the Landlord or Landlord’s attorney picks the Court date, which in our opinion is a much better method as you get a certain date for your case.
While NonPayment and Holdover cases are called Summary Proceedings they can drag on for months in the City of New York so it is important to stay on top of the Tenant and serve Notices as soon as rent goes into arrears. I personally stay on top of your case thru the Judgment, the Warrant process and the eviction by the City Marshal. I have been handling these cases for Landlords for thirty years.
Your house is your business, perhaps your most valuable asset.
We don’t charge for consultation and after your case is over we don’t charge you for preparation of the lease for the new Tenant. We can help also with screening the Tenant with a comprehensive report thru a credit agency if the prospective Tenant signs the application and provides the required information. We do not recommend just accepting any applicant just because a broker or friend recommends the person. There are many people out there who are looking to get into an apartment and then sit back without paying rent. While not all Tenants are like that it can’t hurt you to be careful.
You have nothing to lose by emailing me at email@example.com with any questions you may have. I will be happy to meet with you, explain our fees and give you free material that will help you understand each phase of your case.