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Is a two family house subject to tenants refusing to pay…

Customer Question
Is a two family...

Is a two family house subject to tenants refusing to pay rent after they were informed they are getting a rent increase after their lease has expired

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New York, epecifically NYC

Lawyer's Assistant: Has any paperwork been filed?

Not yet. Tenants were under paying market rate. New lease will reflect present market rate

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At the moment no. After I get the answers I might more questios

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/28/2017
Real Estate Lawyer: legalgems, Arbitrator replied 7 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 7 months ago

So to be clear the lease has expired, rent was raised, and the tenants refuse to pay at all?

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Customer reply replied 7 months ago
No the lease has not expired yet. As soon as it does it will be increased to market rate or higher. what to do if tenants don't agree and stop making pyments and wait until court procedures start.
Customer reply replied 7 months ago
I have not received an answer yet. Will wait another 10 min. if no answer will call cred. card company and cancel payment
Real Estate Lawyer: legalgems, Arbitrator replied 7 months ago

If tenants do not agree they become "holdover tenants" and the landlord would need to serve a 30 day notice - please see:

https://www.nycourts.gov/courts/nyc/housing/startingholdover.shtml

This is a comprehensive guide to the proceedings that will take place:

Please see page 5 here:

http://www.nycbar.org/pdf/report/tenantsguide.pdf

If the tenant does not move out by the move out date then the landlord can file for a holdover proceeding:

https://nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf

The landlord may sue for damages which include the rent that was not paid.

Normally units with 2 families are not under rent stabilization -please see page 5 here:

https://ag.ny.gov/sites/default/files/tenants_rights.pdf

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Real Estate Lawyer: legalgems, Arbitrator replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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