How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33787
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have a deadbeat tenant on a month to month lease. He is

Customer Question

I have a deadbeat tenant on a month to month lease. He is always late with the rent . I want to evict him. he tells me that according to law he has two weeks past the rent due date to pay so legally he is not late. I would like to know if this is true? If I file a motion for eviction can I say he is always late and can he claim the legally he is not late??
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
Are you in NYC or some other city in NY?
.
Does the written lease give him any type of grace period after rent is due?
.
.
thanks
Barrister
Customer: replied 1 year ago.

I am in Bronx nyc. There is no rental agreement that gives him a grace period.

Customer: replied 1 year ago.

I am in Bronx nyc. There is no rental agreement that gives him a grace period.

Expert:  Barrister replied 1 year ago.
Ok, then if you are in NYC, then under N.Y. Real Prop. Acts Law § 711(2) you only have to give them a 3 day written notice to pay rent or vacate. If they don't pay the full amount due within that period, then you can move to evict them through the courts.
.
So no, there is no 2 week grace period by statute and the tenant is simply ignorant of the law or is outright lying to you.
.
.
thanks
Barrister

Related Real Estate Law Questions