[NY] How do I evict a non-paying tenant in New York?
I have a subletter that hasn't paid rent since December 2024.
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I want to go over a few options with you:
- Cash for keys. Threaten eviction and pay a little for the person to leave right away.
- Use an eviction firm to expedite eviction for a flat fee. You can hire using justia.com.
- Mediation or arbitration.
I would recommend options 1 and 2 primarily here. I hope that makes sense and is clear on your end.
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I have an apartment I sublet in Brooklyn, NY.
Lexi, Chatbot
I understand you have an apartment you sublet in Brooklyn, NY. Are you facing any specific issues with the subletting arrangement?
I have a subletter that hasn't paid rent since December 2024.
Lexi, Chatbot
Have there been any disputes or concerns with the subtenant or the landlord regarding the subletting of the apartment?
No disagreements and the landlord is aware that I'm subletting to others as I myself am not living there.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your unpaid rent issue.
I'm attempting to file a petition /notice of petition with Kings County Housing to get this subletter legally removed. I've already provided a rent demand and an order to show cause to the tenant.
Infolawyer
Hello and welcome to AskaLawyer! My name is Daniel and it’s a pleasure to meet you! Thank you for reaching out with your question. I have been a licensed lawyer in private practice for over 21 years and look forward to helping you today.
I'm sorry you're going through this. I know it can be hard and time consuming. My approach is to better understand the situation and then fully address your questions and concerns.
Before I can provide an answer, I'd like to first ask you a couple of questions: 1. Have you started any eviction action? 2. Have there been any settlement discussions between you?
No settlement discussion. He hasn't responded to any correspondence. I've already given a 5-day and 14-day notice required by the state of NY prior to starting a petition for eviction
Infolawyer
Okay, thank you. I'm working on your answer and you'll have it very shortly. Thanks for your patience. It won't be long.
Infolawyer
I'm ready with your answer. After you review it below, please let me know if anything is unclear or if you have any questions. I feel for you and what you're going through.
Infolawyer
I want to go over a few options with you:
- Cash for keys. Threaten eviction and pay a little for the person to leave right away.
- Use an eviction firm to expedite eviction for a flat fee. You can hire using justia.com.
- Mediation or arbitration.
I would recommend options 1 and 2 primarily here. I hope that makes sense and is clear on your end.
I've already started the process with the state of NY for eviction but they are stating my forms have errors. Is this something you can help with? They are unable to. And I'm currently out of state and was trying to complete this entirely electronically.
Infolawyer
I would ask the clerk what is wrong with them but I frankly would let an eviction firm do it as the fees are very low and any mistake at all including in serving papers etc will make you begin all over.
I’m sorry to deliver this disappointing news, but I must provide you with the honest facts so you can make the most informed decisions given the circumstances.
It's important to me that you fully understand the information and everything makes sense. If anything remains unclear, or if you have any additional questions, please feel free to let me know. If you're all set for now and I've addressed your questions and concerns, just let me know.
Thank you!
What eviction firm do you recommend? Are they legal in NY state?
Infolawyer
There are many eviction firms in NY. You can hire using avvo.com. Borah Goldstein is a good one. Rosenberg & Estis is another. I very much hope this resolves quickly.
It’s been great speaking with you! Thank you so much for sharing your questions with me. I truly appreciate the opportunity to assist you, and I’m here to help whenever you need it. Please return to AskaLawyer whenever you have any other questions.
Infolawyer
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