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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36984
Experience:  16 years real estate, Realtor. Landlord 26 years
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MY TENANT DOES NOT HAVE A LEASE. I TOLD HER ON MAY 15,

Customer Question

MY TENANT DOES NOT HAVE A LEASE . I TOLD HER ON MAY 15, 2015...THAT IN SEPTEMBER I WOULD HAVE TO INCREASE THE RENT. SHE SAID SHE WOULD NOT PAY THE INCREASE AND WOULD LEAVE BY SEPT. 1, 2015. TODAY SHE STATED THAT SHE IS NOT READY TO MOVE IN SEPTEMBER AND WILL NOT PAY THE RENT INCREASE EITHER. SHE HAS NOT PAID FOR AUGUST....SHE USED HER SECURITY.....WHAT DO I DO NEXT
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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Did you give her a written notice at least one month in advance of the rent increase?
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Did you agree to allow her to use the security deposit for rent?
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thanks
Barrister
Customer: replied 1 year ago.
NO TO BOTH QUESTIONS.
Customer: replied 1 year ago.
NO TO BOTH QUESTIONS. I TOLD HER SHE HAS TO PAY THE RENT FOR AUGUST AND SHE DECIDED TO USE THE SECURITY WITHOUT MY CONSENT.
Customer: replied 1 year ago.
HELLO....WHERE ARE YOU.....
Expert:  Barrister replied 1 year ago.
Ok, under NY law, in order to change a month to month tenancy in any way (i.e. raising the rent) you have to provide the tenant a one month written notice prior to the change being effective.
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So legally if you didn't do so, the rent increase wouldn't be effective because verbal notice isn't legally enforceable.
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With regard to her using her security deposit, if you didn't agree to allow her to do so, then she still owes the rent for August and you can give her a 3 day written notice to pay or vacate. If she doesn't pay the entire rent and any late fees within that 3 days, then you can file a formal eviction action in court to evict her.
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In New York the landlord can begin eviction proceedings by giving a 3 day written notice demanding payment of rent. After the 3 days were up, landlord would have to go to court and file a complaint for eviction. Then the tenant has 5 days to respond or landlord can get a default judgment.
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If tenant responds with an Answer within the 5 day period, the case will be set for a hearing to determine who should have legal possession. This can take several weeks to get scheduled depending on the court's docket. After the hearing, assuming the landlord wins, the tenant has 72 hours to move. Then the landlord can get a writ of possession from the sheriff or constables office and have them personally appear and evict.
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thanks
Barrister

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