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FamilyAttorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 1508
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My tenant was evicted on july 2011 how can irecover the

Customer Question

my tenant was evicted on july 2011 how can irecover the $9000 she owes me for rent in the bronx
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed New York attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you. Are you okay with rating me? I would really appreciate it!

Expert:  FamilyAttorney replied 1 year ago.

I used to do L&T work in the Bronx many years ago, representing LLs near the courthouses, so this is a question we would get from time to time.

If it was a legal eviction, as here, and the tenant still owes you rent, you cannot take the tenant to Housing Court in the Bronx. You'd have to take the tenant to Civil Court, Bronx. You cannot take the tenant to small claims court because the limit for damages there is $5000. You cannot take the tenant to Supreme because the case there has to be at least $25,000.

The Civil Court has monetary jurisdiction up to $25,000.00. It has jurisdiction of real property actions, such as partitions, and foreclosures, within the monetary limit. The Civil Court also has equity jurisdiction limited to real property actions, ejectment actions, and actions to rescind or reform a contract not involving more than the $25,000.00 jurisdictional limit.

Cases filed in the Civil Court are varied, but in general seek an award of a money judgment. There are many different types of cases that can be filed there, but it is listed that, of the top 11 types of cases that can be filed there, #10 is:

10. Rent Payment when the tenant is no longer in the apartment

Expert:  FamilyAttorney replied 1 year ago.

In this case, there will be a lot of court costs. Don't forget to ask for court costs and legal fees in your complaint or petition. You may be awarded these fees but not if you don't ask for them.

Does this answer your question? I am more than happy to answer additional questions based on this one if you want.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. If you need additional information please let me know. Best of luck to you!

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Expert:  FamilyAttorney replied 1 year ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.

Customer: replied 1 year ago.
Please answer the remaining questions:
1. How long will it take to get a judgement?
2. How much will it cost if I use a lawyer ?
3. Can i do this on my own?
Expert:  FamilyAttorney replied 1 year ago.

Hello, thanks for your additional questions.

How long it takes to get a judgment in Civil Ct, Bronx, depends on several factors. If you use a lawyer, the lawyer may be successful in making contact with the former tenant and may be able to get a payment plan from the tenant quickly. This is often not the case, but it does happen. If this doesn't happen, the lawyer can pursue other collection methods before bringing the case into court.

If the case is brought into court, it can often be resolved in a matter of a few months, sometimes less, but if it has to go to trial, it will take longer. Most of these cases don't go to trial.

The price of a lawyer will depend on what you need and where you get the lawyer from. If you get a lawyer from the Bronx, it will be cheaper than if you get one from Manhattan or the suburbs who have to travel to get to the Bronx. It could be a few hundred to a few thousand, depending on how long the case takes and where the lawyer is from. You can ask the lawyers how much they charge. You can Google lawyers for civil court Bronx and come up with many different lawyers for Civil Court. I can also provide a list of lawyers for you if you let me know that you are interested in looking for business lawyers.

You can do this case on your own. Many landlords do this type of case on their own. That's entirely up to you. You have to prove you had a lease agreement with the tenant, what the rent was, and what the tenant owes, and that the tenant did not pay despite your asking the tenant to pay and that you evicted the tenant for non-payment in housing court.

I hope this answers your questions and I thank you in advance for giving me a fair rating. I've answered your questions and follow-up questions. Thank you!

Expert:  FamilyAttorney replied 1 year ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!