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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41220
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I live in island Nassau county NY. I do not have legal

Customer Question

I live in long island Nassau county NY . I do not have legal rentel but its a mother and daughter home I rented upstairs because its bigger and I live downstairs . It's a month to month lease because I never did this before . Tenent has been living here forv11 months a its been 6 time that she is either late with rent or pay 1/2 and 10 days later playing catch up this time she can't give the rent until the 16 th of the month . I did text her asking her if she could pay something but to to no avail she has not responded she is totally ignoring me do I have any legal action ?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, do you have anything in writing as far as this lease is concerned? How much is she behind?

Customer: replied 1 year ago.
No nothing in writing except lots of text regarding this situation from the first , when she moved in her check bounced . But right now she is late with this months rent of 2400.00
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

The best way to potentially get this resolved is to start a paper trail. Since currently you have no paper trail in this situation, you can give her a letter in which a deadline is listed by which time she must be current with rent or you will pursue an eviction for cause. You can give her 30 days in the letter, or you can simply give her a 'notice to quit' letter giving her 30 days to leave the premises from date of letter. The first creates cause going forward, that is, if she continues to be late. The second simply starts the eviction WITHOUT cause. Because she is not formally under lease, the law treats her as a month-to-month and for a month to month tenant you can simply give 30 days notice to terminate their right to be on the premises.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I did give her a letter also months ago that I had forgotten .OK I appreciated your answer
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

You would need to give her another. By not acting on that letter you have arguably 'waived' that letter and the condition if you allowed her to stay. So to ensure that your rights remain, you need to give her notice again, and then act on it if she continues to not follow the terms of your agreement. Glad to help, truly!

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
What if she completely ignore me . do I have any other legal action?
Expert:  Dimitry K., Esq. replied 1 year ago.

That is the point of giving her a letter, it creates the first step of then filing in court for a formal hearing for an eviction. Without that letter you cannot file. And if she ignores you, with that letter you can go to court and then file for an eviction against her via the court.

Sincerely,

Dimitry, Esq.