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

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I have a deadbeat tenant...
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: 2 years ago.Category: Real Estate Law
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Answered in 6 minutes by:
6/19/2015
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,559
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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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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
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Customer reply replied 2 years ago

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

Customer reply replied 2 years ago

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

Real Estate Lawyer: Barrister, Lawyer replied 2 years 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.
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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
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,559
39,559 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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