Pay AND Quit
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Pay AND Quit (by D Horn [NY]) May 7, 2025 2:17 PM
       Pay AND Quit (by Sean [OR]) May 7, 2025 2:36 PM
       Pay AND Quit (by D Horn [NY]) May 7, 2025 2:39 PM
       Pay AND Quit (by Doogie [KS]) May 7, 2025 2:43 PM
       Pay AND Quit (by D Horn [NY]) May 7, 2025 2:47 PM
       Pay AND Quit (by D Horn [NY]) May 7, 2025 2:47 PM
       Pay AND Quit (by Jason [VA]) May 7, 2025 2:54 PM
       Pay AND Quit (by D Horn [NY]) May 7, 2025 2:59 PM
       Pay AND Quit (by Ken [NY]) May 7, 2025 3:48 PM
       Pay AND Quit (by WMH [NC]) May 7, 2025 3:56 PM
       Pay AND Quit (by Roy [AL]) May 7, 2025 4:26 PM
       Pay AND Quit (by Just Tim [AR]) May 7, 2025 7:26 PM
       Pay AND Quit (by Ray-N-Pa [PA]) May 8, 2025 6:48 AM
       Pay AND Quit (by jonny [NY]) May 8, 2025 8:37 AM
       Pay AND Quit (by D Horn [NY]) May 8, 2025 9:12 AM
       Pay AND Quit (by Small potatoes [NY]) May 8, 2025 9:50 AM
       Pay AND Quit (by Jim [CA]) May 8, 2025 10:10 AM
       Pay AND Quit (by D Horn [NY]) May 8, 2025 10:52 AM
       Pay AND Quit (by Ken [NY]) May 8, 2025 1:06 PM
       Pay AND Quit (by D Horn [NY]) May 8, 2025 1:14 PM
       Pay AND Quit (by Ken [NY]) May 8, 2025 1:54 PM

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Pay AND Quit (by D Horn [NY]) Posted on: May 7, 2025 2:17 PM
Message:

we have a tenant that is 3 1/2 mo behind. Her lease expired and we didn't renew. We gave her 30 days notice and she hasn't left. It looks like I have to provide a Pay or Quit, but I want tenant to pay AND quit. Is this an option? All the forms I can find online are pay OR quit. --24.59.xx.xxx




Pay AND Quit (by Sean [OR]) Posted on: May 7, 2025 2:36 PM
Message:

did you file for eviction? --208.127.xx.xxx




Pay AND Quit (by D Horn [NY]) Posted on: May 7, 2025 2:39 PM
Message:

Not yet, don't we have to file the pay or quit first? then give 14 days before we can file?

--24.59.xx.xxx




Pay AND Quit (by Doogie [KS]) Posted on: May 7, 2025 2:43 PM
Message:

I don't know NY law, so you may need to consult an attorney or someone up there that knows better. However if you gave her a non-renew notice and it was done properly, it seems you are done now. If she's holding over, go straight to eviction.

Is that not right? I know NY is very tenant friendly, so not sure. --107.207.xx.xx




Pay AND Quit (by D Horn [NY]) Posted on: May 7, 2025 2:47 PM
Message:

Yeah, we've had rental properties for 35 years, (only 1 for 25 of them) and this is the first nightmare tenant. I guess we've been lucky. I know NY is tenant friendly. They won't even let you know if a prospective tenant has been previously evicted. Cannot be disclosed.

Also, in our small city there is only 1 eviction atty, and she is swamped.

Thanks for your time. --24.59.xx.xxx




Pay AND Quit (by D Horn [NY]) Posted on: May 7, 2025 2:47 PM
Message:

Yeah, we've had rental properties for 35 years, (only 1 for 25 of them) and this is the first nightmare tenant. I guess we've been lucky. I know NY is tenant friendly. They won't even let you know if a prospective tenant has been previously evicted. Cannot be disclosed.

Also, in our small city there is only 1 eviction atty, and she is swamped.

Thanks for your time. --24.59.xx.xxx




Pay AND Quit (by Jason [VA]) Posted on: May 7, 2025 2:54 PM
Message:

In VA if I give them notice to vacate and they don't, it's straight to eviction. How do you let them get that far behind to begin with??? --165.85.xxx.xxx




Pay AND Quit (by D Horn [NY]) Posted on: May 7, 2025 2:59 PM
Message:

Never had to deal with it before, and my husband wanted to be nice and give her the benefit of the doubt, though every promise she made was unkept. Also, he's insanely busy, self employed. --24.59.xx.xxx




Pay AND Quit (by Ken [NY]) Posted on: May 7, 2025 3:48 PM
Message:

Where in NY are you located? Best way is for non payment, my suggestion to hire the eviction attorney,you dont know what to do and sounds like you are dealing with a professional tenant. --98.98.xx.xx




Pay AND Quit (by WMH [NC]) Posted on: May 7, 2025 3:56 PM
Message:

You are NOT going to get paid, so give that up and file for possession only if that's an option in NY.

"Your Honor, we just want our property back."

You can THEN file for money owed, separate action, civil court, if you can find her. You don't give up your right to sue by suing for possession.

At least in NC, so read your laws. --173.28.xx.xxx




Pay AND Quit (by Roy [AL]) Posted on: May 7, 2025 4:26 PM
Message:

D Horn

In April, I posted three 7-day Pay or Quit Notices. One tenant paid what he owed, 2nd tenant was broke and moved out and the 3rd tenant did not pay or move out, so that is why I filed eviction on her.

Hopes this helps. --76.29.xxx.xx




Pay AND Quit (by Just Tim [AR]) Posted on: May 7, 2025 7:26 PM
Message:

This will vary by state. Check NY state laws. Here, if I've given a 30-day notice and they haven't moved, then the next notice is a 3-day notice to quit due to unlawful detainer. It's not an eviction for non-payment, they are unlawfully detaining the property. --68.1.xxx.xxx




Pay AND Quit (by Ray-N-Pa [PA]) Posted on: May 8, 2025 6:48 AM
Message:

Heck in NY the laws change city by city.

It depends what class the city has the amount of sway it has in writing its own laws.

If they haven't paid in 3.5 months, what paperwork have you given them? What makes you think they will pay now? --67.140.xx.xxx




Pay AND Quit (by jonny [NY]) Posted on: May 8, 2025 8:37 AM
Message:

You have two options. One is to pay or quit (where you would provide the tenant 14 days to either pay in full (no partials and don't accept any from them prior to court) OR Quit (they leave). If they do neither, then you would get a court date. FYI - YOU (or anyone interested in the property) cannot serve the demand. So check if you have a process server, marshal, atty, etc) that can do it for you so it's done correctly.

The other option is to just go for holdover (but check with your attorney to see if your "your time is up" letter is sufficient and within the law). If it is, then just go to court for holdover.

As for the "pay" part - in EITHER scenario, you can still (try) to get your money but you would need to go to court for it. Meaning if they quit but don't pay - then you get your property back, you take all of the amount they owe, subtract any deposits, etc and then BILL THEM for it. Give them 30 days to pay... then file a court date (small claims) and go from there.

If the letter you sent orginally isn't sufficient, then figure out the best and quickest way (which MAY be the pay or quit) BUT - if you don't want them there then think about the fact that if you say Pay or Quit and they Pay... now you can't make them quit (yet).

I know you want both so the holdover (if possible) is the best option for you then go to court for the money. --67.253.xxx.xxx




Pay AND Quit (by D Horn [NY]) Posted on: May 8, 2025 9:12 AM
Message:

Yeah, I was telling my husband that I think she is serial. But in NY it can no longer be disclosed. I'll have my husband look over the suggestions. Only eviction lawyer in my city is swamped. Thanks, this is helpful. --24.59.xx.xxx




Pay AND Quit (by Small potatoes [NY]) Posted on: May 8, 2025 9:50 AM
Message:

It makes a difference what cityin New York because some have good cause eviction laws now. You can read through other threads on this site but for starters you have to send by certified mail a late rent notice before you can do anything else. If the lawyer is swamped find a process server they'll know what to do and how. --172.59.xxx.xxx




Pay AND Quit (by Jim [CA]) Posted on: May 8, 2025 10:10 AM
Message:

Get a lawyer Now. I server a P or Q on day 4. My rent is late at midnight on the 3rd. --99.23.xxx.x




Pay AND Quit (by D Horn [NY]) Posted on: May 8, 2025 10:52 AM
Message:

have an appointment with a lawyer next Friday (she had a cancellation). We will definitely NOT let this get out of hand again. My husband is just kindhearted (and busy). Also will do MUCH better screening. We're Cortland. But the lawyer will know all that. Thanks, this is helpful. --24.59.xx.xxx




Pay AND Quit (by Ken [NY]) Posted on: May 8, 2025 1:06 PM
Message:

suggestion for screening, we cant check to see if they were evicted but if the landlord got a judgment which usually happens and filed it at the county clerk you can look up the tenants name and see if they have any judgments,looked one up for a friend recently and the prospective tenant had 3 judgments that looked like probably they were landlords --98.98.xx.xx




Pay AND Quit (by D Horn [NY]) Posted on: May 8, 2025 1:14 PM
Message:

Good to know, thanks! We've had at least one rental for 35+ years, and another for 15. Now a third for 5. Most long term. This is the first real issue we've had, so we've been fortunate. We thought we screened pretty well, but rented to this person against our judgement (co-worker of a friend). We'll do better next time. I'm glad to know about checking the county clerk. --24.59.xx.xxx




Pay AND Quit (by Ken [NY]) Posted on: May 8, 2025 1:54 PM
Message:

if your county is charging online you can stop in at the clerks office and use a computer there for free and staff are generally pretty nice and willing to help --98.98.xx.xx



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