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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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My landlord doesn't send a out rent invoices, so if rent

Customer Question

My landlord doesn't send a out rent invoices, so if rent isn't paid by the 15 th of the month a notice is sent saying tenant has five days to pay or eviction proceeding will commence. Is that possible if the rent is paid within 30 days.
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.

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If rent is due on the same date every month under the lease contract, then there is no legal obligation for the landlord to send out a reminder invoice each month and it is up to the tenant to remember that rent is due.

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With that said, if your rent is due on the 15th, and it is unpaid, then under NY law, the landlord can give you a written 3 day notice to pay or vacate. N.Y. Real Prop. Acts Law § 711(2 If you are able to pay the rent within that 3 days, starting from the day after delivery, then you are fine and the landlord couldn't proceed with any eviction action. If the landlord chooses to give you 5 days instead of 3, that is their choice and would be binding..

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But if you were unable to pay within that 5 days, then the landlord can proceed with a formal eviction action in housing court to obtain a judgment for eviction and then a writ of possession to have the marshall physically remove you from the property.

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thanks

Barrister

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