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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38234
Experience:  Attorney over 17 years, landlord 26 years
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Im a Landlord of a single family home in Upstate NY I moved

Customer Question

Im a Landlord of a single family home in Upstate NY I moved to Florida a year ago and my Tenant paid Sept rent on 9/20 its due on the 1st and hasn't paid October rent. Evidently the floor in the Restroom has water damage in which the tenant contacted code which says I need to fix floor or the tenant can do it and take it off the rent. I just want him out of there we are always chasing him to get rent. We filed the house in Bankruptcy court several months ago and its in Forclosure. At this rate I don't even care about the rent due I just want him out. Help Please
JA: What state are you in? And has anything been officially filed?
Customer: Filed in NY its been officially filed. And we currently reside in Florida
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Lease was several years ago we pay for repairs but was unaware there was an issue and Tenant contacted code before telling us or giving us opportunity to fix it
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Thank you
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Have you actually been cited by Code regarding any repairs?

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Is the tenant saying they are using the rent to pay for repairs?

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If so, have they sent you any receipts or invoices for the repairs?

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Have you given them any type of written notice to pay or vacate?

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thanks

Barrister

Customer: replied 11 months ago.
Friday written notice from code to fix bathroom floor. No written notice to pay or get out. I told him when I didn't receive rent in September to pay or get out , he paid in 9/25. No rent October . Let several phone messages .
Expert:  barristerinky replied 11 months ago.

Ordinarily you would need to just give the tenant a 3 day written notice to pay or vacate and then could file a formal eviction action in court if they didn't pay. They can only "repair and deduct" for emergency things like a sewer backup or a broken lock, not things that have developed over time like a damaged floor.

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The problem is that if you are in BK, then the trustee would legally be in control of the house and only he could file an eviction action. But if the tenant doesn't know that, you can still give them the 3 day notice for late rent and then pursue an eviction through the courts and try to sneak it by.

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Another problem is you are in FL and they are in NY, so you are going to have to hire an attorney to help because you can't evict someone from across the country because you have to be there to go to court yourself. You can have the attorney file everything up to the hearing, but you have to be there to testify that they didn't pay rent to the judge and answer any questions he may have.

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The tenant knows this and that is why they have stopped paying...they know you may not want to come back to deal with this and may not have the money to hire an attorney to do so.

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So if you want to start the process, I would wait until the 2nd and then send a 3 day notice for Oct and Nov rent and then move forward with the eviction if they don't pay up and you can come from FL back to NY for the eviction action.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 11 months ago.
Thanks
Expert:  barristerinky replied 11 months ago.

You are very welcome. Glad to help any time, even if the news wasn't great..

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thanks

Barrister