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  1. #1

    Default Best Way to Get Tenant Out

    My question involves landlord-tenant law in the State of: New York

    I have a few rental units. I rented one of the unit one of my tenants was currently living in. I texted the tenant a few days before the new tenant was suppose to be moving in. I even offered them another rental for a little bit more money as well as storage.

    A day or so before the new tenant was to arrive they denied the offer for another rental united stating that they have rights as tenants and need more sufficient time to move. I have all this proof as text messages.

    I drafted up a 14 day notice for nonpayment. They're not behind but they usually pay cash and I don't give receipts unless they ask but they made me lose money with the potential new tenant.

    Is nonpayment the best way to get them out?

  2. #2
    Join Date
    Jan 2011
    Posts
    285

    Default Re: Best Way to Get Tenant Out

    Is this a rent-controlled unit?

    If your tenant is current on rent and this is a month-to-month lease then you need to provide 30 days written notice to terminate the tenancy. A text does not count as written notice.

    If the tenant does not pay the rent in full when it is due then start the eviction process.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,129

    Default Re: Best Way to Get Tenant Out

    Quote Quoting LandlordWill
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    they made me lose money with the potential new tenant.
    No, they didn't make you lose any money. Your stupidity did. You have no business trying to rent out an occupied rental. That was the first thing I learned when I had my rentals.

    And now you're trying a wrongful eviction that can get you sued.

    I can't imagine how you've survived as a landlord, pulling those kinds of stunts.

    The best way to get your current tenant out: Either give them proper notice or buy them out (cash for keys).

  4. #4

    Default Re: Best Way to Get Tenant Out

    Quote Quoting adjusterjack
    View Post
    No, they didn't make you lose any money. Your stupidity did. You have no business trying to rent out an occupied rental. That was the first thing I learned when I had my rentals.

    And now you're trying a wrongful eviction that can get you sued.

    I can't imagine how you've survived as a landlord, pulling those kinds of stunts.

    The best way to get your current tenant out: Either give them proper notice or buy them out (cash for keys).
    Well I did offer them another unit which they didn't accept. I wasn't putting them out just moving them into another rental. <<Maybe you missed that part.

    How is it an wrongful eviction if I'm being them to court for nonpayment?

  5. #5
    Join Date
    Oct 2016
    Posts
    3,229

    Default Re: Best Way to Get Tenant Out

    It is wrongful until the court evicts them.

  6. #6
    Join Date
    Mar 2013
    Posts
    17,129

    Default Re: Best Way to Get Tenant Out

    Quote Quoting LandlordWill
    View Post
    Well I did offer them another unit which they didn't accept. I wasn't putting them out just moving them into another rental. <<Maybe you missed that part.
    Is it a better unit? Would you be paying ALL the costs associated with moving? Even if the answers to those two questions are yes, moving is still a PITA and they had every right to say no.

    Why didn't you offer the other unit to your new tenant?

    Quote Quoting LandlordWill
    View Post

    How is it an wrongful eviction if I'm being them to court for nonpayment?
    Because, by your own admission, they haven't "not paid" yet.

  7. #7

    Default Re: Best Way to Get Tenant Out

    Wow.......

    You need to learn about landlord tenant law.

    If I were your tenant I'd sue you up the youknowwhat.

  8. #8
    Join Date
    Dec 2012
    Posts
    1,010

    Default Re: Best Way to Get Tenant Out

    An ironic statement considering your interesting posting history.

  9. #9
    Join Date
    Oct 2006
    Posts
    15,616

    Default Re: Best Way to Get Tenant Out

    Quote Quoting gail in georgia
    View Post
    An ironic statement considering your interesting posting history.
    You didn't quote anybody so who made the ironic statement?...and what was it? No snark, just curious.

  10. #10

    Default Re: Best Way to Get Tenant Out

    Quote Quoting llworking
    View Post
    You didn't quote anybody so who made the ironic statement?...and what was it? No snark, just curious.
    JustMe has an interesting px hx...

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