Landlord Self Help

It can be frustrating for a landlord when a tenant fails to pay rent on time.  A landlord may not be able to pay the mortgage, pay utilities or the property taxes.  When this occurs many landlords are tempted to turn off the utilities or lock the tenant out in an effort to force the tenant to move out.  These efforts are commonly refered to as "self help" and can lead to significant civil and criminal consequences.  The only person who can forcibly remove a tenant from a property is the Sherrif with a court ordered warrant of eviction.

New York Law provides for a summary proceeding that allows landlords to quickly evict tenants who fail to pay rent.  These proceedings take place in your local justice court.  After a successful eviction proceeding, the Judge will sign a warrant of eviction and a judgment for any rent that is owed.  Once you have a warrant of eviction, you can present it to the local Sherrif's office who will schedule an eviction. 

Although this process takes some time and some money to complete, it ensures that you have lawfully evicted a tenant.  In contrast, New York Law provides for criminal and civil penalities if a landlord unlawfully removes a tenant.  For example, the Real Property Actions and Proceedings Law provides that a tenant may be awarded treble (triple) damages.  Damages can quickly escalate to the point that they far exceed the rent owed and you end up owing the tenant money rather than the otherway around. 

If you need to evict a tenant for non-payment of rent, contact competent legal counsel to guide you through the process. 

This blog is not intended as legal advice and does not establish an attorney client relationship.  If you wish to speak with Elizabeth Cassidy on a specific legal matter, please contact her at 845-981-7223.

Make a list

When renting any space, make a list of any and all issues with the space before you take occupancy.  Are there existing stains in the carpet, holes in the wall, broken door knobs?  No matter how small an issue may be, write it down so that you have a record that you didn't cause the damage.  Better yet, take pictures.  Provide the list to your landlord and keep a list for you.  This way if there is any dispute at the end of the lease, you have evidence that you didn't cause the damage. 

It takes time

Many of my clients buying or selling a home ask: "How long is it going to take to close?"  The answer is always - longer than you would like it to.  The time it takes to close varies based on a number of factors.  These factors can include:

• How long it takes for contracts to be negotiated
• Does something come up that requires contracts to be renegotiated?  For example, the appraisal can come in too low for the lender to loan.
• The survey...is there bad weather
• The lender's time frame
• Acts of God - no I am serious.  When my husband and I bought our home, the County Government Center was closed due to Hurricane Irene and Tropical Storm Lee which prevented the title company from doing its title search.

Whether buying or selling, allow extra time for the closing.  It may take longer to happen, but as the saying goes, good things come to those who wait.