Somewhat state specific

We bought a four place in July that came with tenants. No leases or rental agreements.

3 were easy, one asked to pay July a week late. We had closed on July 1 so everyone scrambling a bit. Said it was OK this month, but please realize this is a one time grace period.

August, no rent on Aug 1 from that tenant. We texted and she said (variously) I thought I had til the 5th (yes NY state has made it the law that you are not late til 5th - my old lease used to specify late on 3rd. Also, cannot charge more than $50 by law, my old lease was $50 on 3rd, $10 a day thereafter, but I digress). She then also said something like plus, I didn’t pay til the 12th so...

I told her she could certainly pay on the 12th of each month if she wanted as long as she came current on rent. She was confused. Song and dance about difficult times.

I hate excuses. Also mandatory in NYS now is 90 day notice for any tenant who has occupied for longer than 2 yrs.

We gave her 90 day notice. She did pay Aug by the 5th, but I have a really low tolerance for excuses, time wasting etc by tenants. She paid Sep on time. We have no deposit on her.

Obviously, she is very sad. This is a great apartment at below market rent. Pleading etc. We were super specific when we took over - she clearly realized too late a new sheriff was in town.

My question is, what happens if she doesn’t move out on Oct 31? Do we just file a regular eviction? Is there a difference between a holdover and an eviction for cause? What happens if she pays Nov 1 rent )we make them pay electronically)?

I think COVID moratorium expired here Sep 20 (although commercial expires Oct 20)?

Anyone have thoughts?

Your eviction takes much longer time.. Unless she has a solid garnishable job, I won't go too crazy. Since you inherited her, most likely you don't have her application,etc.

If she doesn't pay and you have to evict her, you will be out quite a bit.. Someone said it took more than 12 months to evict someone in NYS.

We are north of Poughkeepsie and south of Albany.

Hubby is law enforcement and therefore I know local courts have been in session for stuff like moving violations but I think eviction moratorium til Oct 1.

She actually has been paying rent on time now.

I think she’s just used to being queen bee. Previous owners were old school handshake and smile folks - she kept saying - if you only knew me... Head smack. Tenants and friends are diffeeent categories.

Unfortunately, she only meets one of my two simple criteria - pay rent on time AND don’t be a pain/cause problems/suck up time.

Am I being too strict in these “unprecedented times”?

What are you going to do, Elliott?

I have a very time consuming, high responsibility job.

Hubby does maintenance and direct interaction, but I make tenant/financial decisions. I smelled trouble with this gal early - I’m just not really a warm fuzzy kind of person and she kept talking about wanting to meet us.

Is a scrawny bird in the hand worth more than going hunting for a fat rabbit?

Our lawyer actually said, we only use estoppel for commercial real estate. It is small town and OLD SCHOOL here (have done 4 other properties with him, but SFHs) We did make prev owner and tenants fill out forms and sign.

Other 3 tenants came up with one month security deposit and proof of renters insurance as requested by 3rd month. She showed proof of renter insurance but we had given her notice already so she probably thought, bad idea to submit a deposit.

How about raise her rent to accommodate the headache factor?. Just a nuance on the late fee since you arw at 1k yoy can charge 50 because it is 5%.

Hudson? Kingston?

I think it is possible that if you rescind the 90-day notice & let the tenant stay, that she will feel like she has "won" - and she may feel like she can convince you to do more things the way she wants you to.

BUT, considering the dilemma of her stopping paying all together until you can evict who-knows-when:

She did start paying better after you served notice - so maybe she is taking you seriously.

I think I would create a written document that says you will delay following through on the notice as long as she continues to pay rent on time, obey all lease clauses, submit all application info (if you don't already have it), etc. Say this is a ONE-TME only offer. If it is EVER necessary to again issue this notice to her, it will NOT be stopped until she is GONE.

Good guess, Mark - bingo on Hudson.

Might want that lawyer’s name, just in case.

Good guess, Mark - bingo on Hudson.

Might want that lawyer’s name, just in case.