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MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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If a tenant paid only part of the rent in Feb then the regular

Customer Question

If a tenant paid only part of the rent in Feb then the regular amount in March and April without addressing the missing amount from Feb, what can I due to get back the missing rent from Feb? I have asked them to pay the missing balance and gotten no response. The apartment is in NYC.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.
Hello and thank you for using the Just Answer website. I look forward to assisting you. If you have repeatedly invoiced them for the balance due and they have not paid, you can begin eviction proceedings for nonpayment of rent. Let me know if you need information on how the eviction process works in NYC.
Customer: replied 1 year ago.
If I have texted them for the balance of the rent and they have replied once but never paid the balance do I still need to have them served with a notice to demand payment?
Customer: replied 1 year ago.
I am interested in starting the process but would let them stay if they pay the balance of the past rent. Also if I do have to serve them can i pass those charges on to them?
Customer: replied 1 year ago.
Hello?
Expert:  MDLawyer replied 1 year ago.
The site is having some glitches and not allowing me to type. Let me try again and see if this goes through.
Customer: replied 1 year ago.
Thanks. I was worried for a sec.
Expert:  MDLawyer replied 1 year ago.
Ok, what I had written was that yes, you need to request the balance not paid in writing from them.
Expert:  MDLawyer replied 1 year ago.
No need to worry. Slow computer tonight combined with site issues.
Expert:  MDLawyer replied 1 year ago.
If you end up going to court and getting a judgment, you can have court costs added to the judgment. Also, if you have a provision in your lease holding them responsible for court and legal fees, then you could also charge them in that case.
Expert:  MDLawyer replied 1 year ago.
If they pay the unpaid rent, you absolutely have the right to let them stay.
Expert:  MDLawyer replied 1 year ago.
Please let me know if this has answered your question.
Customer: replied 1 year ago.
it has. What would an attorney normally charge to serve someone and begin the eviction process?
Expert:  MDLawyer replied 1 year ago.
You normally wouldn't have an attorney do service. You would do it yourself or hire a process server. Attorneys in NYC charge easily over 300/hour. You would generally begin the eviction process yourself. All you need is to follow proper procedure and file court papers. That is why I asked if you wanted to know the details on the process in NYC. Which borough are you in?
Customer: replied 1 year ago.
We work full time and navigating this process can be cumbersome. Trying to see if hiring an attorney is more cost effective
Expert:  MDLawyer replied 1 year ago.
Hiring an attorney would definitely cost you more, especially in NYC.Since there are so many rentals in NYC, the process is actually pretty straightforward.
Customer: replied 1 year ago.
Also will it be held against us that they paid
Expert:  MDLawyer replied 1 year ago.
What do you mean by held against you?
Customer: replied 1 year ago.
If we accepted the partial rent payment in Feb and the full payments the following months.
Customer: replied 1 year ago.
When filling out the demand rent payment do we ask for the Feb payment or do we say that part of the march payment completes the Feb rent that was partially paid and now March is not completely paid
Expert:  MDLawyer replied 1 year ago.
You can start eviction proceedings at any point that rent is due and you stated that you have invoiced them continuously for the unpaid rent, correct?
Expert:  MDLawyer replied 1 year ago.
You simply need to state what amount is due. It's the same amount regardless of how you apply it, right?
Customer: replied 1 year ago.
Yes. We have texted them but never spoken with them as we live in another state. If we meet with one of them is that sufficient or do we need to talk to both of them . It may be more cost effective to drive over and speak to one of them
Customer: replied 1 year ago.
It seems we will have to pay a lot of money to serve them both. If we swing by and ask them verbally we should be covered to begin the eviction proceedings correct?
Customer: replied 1 year ago.
Even if we only get to speak to one of them right?
Customer: replied 1 year ago.
Lastly if their lease is up in a couple of months can we keep a portion of the security deposit to cover the unpaid rent?
Customer: replied 1 year ago.
Hello. Are you still on?
Expert:  MDLawyer replied 1 year ago.
Yes, I am still here. Sorry, I have several customers that have gotten back to me as well in the past hour.
Expert:  MDLawyer replied 1 year ago.
Ahh okay. If you live in a different state, I can see why you would want to hire a process server and an attorney when you factor in the cost of airline trips.
Expert:  MDLawyer replied 1 year ago.
A process server is not expensive. If there are two tenants on the lease, then they both need to be served.
Expert:  MDLawyer replied 1 year ago.
No, you cannot give verbal notice. You need to follow the eviction procedures exactly.
Expert:  MDLawyer replied 1 year ago.
Yes, in NYC, you can keep a portion of the security deposit for unpaid rent.
Customer: replied 1 year ago.
is there a procedure or form to fill out for keeping a portion of the Sec deposit for unpaid rent?
Expert:  MDLawyer replied 1 year ago.
It's the normal security deposit rules. If you have a question about security deposits, that is a distinct question from your original one which was about eviction procedures and per site rules, I request that we finish out your first question first. You can rate me at any time and I will receive credit for the time spent assisting you and then we can proceed with your security deposit question in a new thread. Thank you so much.
Expert:  MDLawyer replied 1 year ago.
Are you still with me?