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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24582
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Unfortunately I have a brotherinlaw that I served a notice

Customer Question

Unfortunately I have a brotherinlaw that I served a notice to vacate. He was a month to month tenant that supposedly was to pay me $900 a month which I have the signed contract. He didn't keep up his end of the bargain after months of negotiating and in the interim I have to move myself for this is my mothers home left to me but since I am not sixty two of age and she had a reverse mortgage we have to leave by Oct. He knew all that. However I never took him to court to sue for rest of my money, I've been so busy and financially strapped from the non payment of rent, for I am home with mending a fractured leg and cannot work, and my husband works two jobs to make ends meet. However, he will not leave. I served him with a notice to vacate and his last day was stated July 31, he is hmmming and hawing and dragging his feet to leave, and its now almost the end of august. He says he got a room or apt and the keys and he still hasnt moved. most of his stuff is out but he is still here in my downstairs apt. Its a two family apt. What else can I do to enforce the notice of vacate that he is long overdue in honoring?

Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Did you give him a 3 day written notice to pay rent or vacate?
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If so, has he paid anything since you gave him the notice?
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Is the reverse mortgage lender taking possession of the house in Oct?
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Thanks
Barrister
Customer: replied 1 year ago.

I logged on to an online law site that provides online notices and its legally registered. So he did get the notice to vacate last day of June and it was noted that he must be out by July 31st. However, he asked for two weeks more in which I gave. He has only paid me about $300 in June, for he owes me $7,000 in rent. In my case, the house will be sold in October and the the Realtor asked if the tenant would be out before then and I told them the same thing that I did give him a Notice to Vacate.

Expert:  Barrister replied 1 year ago.
Ok, so have you accepted any rent at all since you gave him the notice to vacate?
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Are you ready to evict him through the courts?
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Thanks
Barrister
Customer: replied 1 year ago.

No I haven't received anything since then. I would like to evict him through courts but I'm wondering the costs in new york and all the info I need. I want to mention that the Notice of Vacate I sent him was general, it could be for any reason.

Expert:  Barrister replied 1 year ago.
Ok, to be perfectly honest, since it was that long ago, I would go ahead and hand deliver another 3 day notice to pay or vacate so he doesn't have any "waiver" argument since it has been so long since you delivered it.
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This is a link to a free one: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0CFEQFjAC&url=http%3A%2F%2Fwww.wny-law yers.com%2Fthree_day_notice.pdf&ei=514VUoQb0_6pAbqjgdgP&usg=AFQjCNH8J7fZKq6w6neQiOm93M7zWCbMyA&sig2=soX8YFolRzvM3mE99ScYBw&bvm=bv.51156542,d.aWM&cad=rja
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Make sure you don't accept any rent unless it is the full amount. Then you can file the eviction complaint in court. In New York the landlord can begin eviction proceedings by giving a 3 day written notice demanding payment of rent. After the 3 days were up, LL would have to go to court and file a complaint for eviction. Then the tenant has 5 days to respond or LL can get a default judgment.
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If T responds with an Answer within the 5 day period, the case will be set for a hearing to determine who should have legal possession. This can take several weeks to get scheduled depending on the court's docket. After the hearing, assuming the LL wins, the tenant has 72 hours to move. Then the LL can get a writ of possession from the sheriff or constables office and have them personally appear and evict.
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As for filing costs I believe the cost is around $50 or so for the complaint and $25-30 to have the sheriff or constable serve the complaint on the tenant. But the best way to know exactly how much it is would be to call the Superior Court clerk..
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24582
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much, it is very helpful. And also thank you for sending me the 3 day notice, my husband just came in and I was explaining it. One more question, if he decides to give me a small amount of money, would it be proper to say, to tell him we cannot accept it unless its the full amount and that lets say he actually saves me the trouble and leaves before I finish the proceedings, is it proper to say he send what he wants by money order and by certified mail once he leaves the premises, otherwise, if I see its going to be a hassle, I will take my losses as long as he is out of the premises period.

Expert:  Barrister replied 1 year ago.
One more question, if he decides to give me a small amount of money, would it be proper to say, to tell him we cannot accept it unless its the full amount and that lets say he actually saves me the trouble and leaves before I finish the proceedings, is it proper to say he send what he wants by money order and by certified mail once he leaves the premises
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If you accept any money, even $1, after you give him the 3 day notice, you have to start all over again with a new 3 day because it makes the old one invalid.
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So unless he offers you enough money to make it worth your while, don't accept anything.
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However, from a purely legal perspective, if you accepted some amount of rent, you could turn right around and give him another 3 day notice...
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And yes, if he moves out, you can tell him that he will need to make payments to you via mail or you will have to sue him in court to get a judgment against him and garnish any wages he may earn until you are repaid.
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Thanks
Barrister
Customer: replied 1 year ago.

Thank you very much, you have been more than a great help. If I need your help again, I'll be sure to notify you. Thanks again

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I could help.
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Thanks
Barrister
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.

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Barrister

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Barrister
Barrister
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14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs