Author Topic: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?  (Read 7989 times)

Offline meshugener

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Feb 2012
  • Posts: 6959
  • Total likes: 62
  • DansDeals.com Hat Tips 4
  • Gender: Female
    • View Profile
  • Location: DDF
  • Programs: Amex Platinum, Chase Freedom 10X10 Exclusives, Avis Presidents Club, National Executive, Hertz 5 Star, Hilton Gold, Accor Platinum, Hyatt Platinum, Marriott Silver, SPG Gold, Club Carlson Gold
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #20 on: February 17, 2013, 09:16:04 AM »
The biggest problem here is that this is in Brooklyn.
Good luck in getting her out by marshals.
This is a process that's gonna take at least 5 months (assuming you win in tenants court), so you better have a lawyer do the formalities now and get things rolling.
But yes, a Jewish tenant would be much worse...
Love me or hate me. I still love you.

Offline Nitantnel

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Apr 2011
  • Posts: 2967
  • Total likes: 3
  • DansDeals.com Hat Tips 0
    • View Profile
  • Location: Brooklyn
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #21 on: February 17, 2013, 11:06:27 AM »
Iv'e heard of some loopholes exploited by some real estate bullies who want to get rid of their rent-controlled tenants, such as saying that you need the apartment for a family member; unfortunately I don't remember all the details.

Offline MarkS

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Dec 2009
  • Posts: 3855
  • Total likes: 70
  • DansDeals.com Hat Tips 5
  • Gender: Male
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #22 on: February 17, 2013, 04:57:56 PM »
Iv'e heard of some loopholes exploited by some real estate bullies who want to get rid of their rent-controlled tenants, such as saying that you need the apartment for a family member; unfortunately I don't remember all the details.
If you want to live in a house that you own you have a right to evict the tenant.
The problem will be if you're not really planning on occupying it yourself and will really just be renting it out to the next avail tenant....

Offline Moishebatchy

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Jun 2011
  • Posts: 7280
  • Total likes: 151
  • DansDeals.com Hat Tips 23
    • View Profile
  • Location: Jerusalem
  • Programs: Arzei Makolet Platinum, Yossi's Makolet Silver, Yesh! Gold, Rav Kav Dirt
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #23 on: February 17, 2013, 06:14:06 PM »
If you want to live in a house that you own you have a right to evict the tenant.
The problem will be if you're not really planning on occupying it yourself and will really just be renting it out to the next avail tenant....

He can "occupy" it himself for a month or two, and then rent it to the next person.

Offline MarkS

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Dec 2009
  • Posts: 3855
  • Total likes: 70
  • DansDeals.com Hat Tips 5
  • Gender: Male
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #24 on: February 17, 2013, 06:21:04 PM »
He can "occupy" it himself for a month or two, and then rent it to the next person.
I imagine the only way you would get 'caught' is if the person suspects that and files a complaint which is investigated...

Offline Moishebatchy

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Jun 2011
  • Posts: 7280
  • Total likes: 151
  • DansDeals.com Hat Tips 23
    • View Profile
  • Location: Jerusalem
  • Programs: Arzei Makolet Platinum, Yossi's Makolet Silver, Yesh! Gold, Rav Kav Dirt
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #25 on: February 17, 2013, 06:22:57 PM »
I imagine the only way you would get 'caught' is if the person suspects that and files a complaint which is investigated...

For "medical reasons" he needed the extra space while recuperating from "illness".

#awesomemedicalprivacylaws

Offline PlatinumGuy

  • Dansdeals Lifetime 10K Presidential Platinum Elite
  • *******
  • Join Date: Apr 2011
  • Posts: 15091
  • Total likes: 2437
  • DansDeals.com Hat Tips 11
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #26 on: February 17, 2013, 06:24:41 PM »
For "medical reasons" he needed the extra space while recuperating from illness.

#awesomemedicalprivacylaws
Never heard of a privacy law that protects you from proving to a court. At most the court documents would be protected or something
״וזה כלל גדול: שישנא אדם כל דבר שקר. וכל מה שיוסיף שנאה לדרכי השקר – יוסיף אהבה לתורה.״ - אורחות צדיקים

Offline Moishebatchy

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Jun 2011
  • Posts: 7280
  • Total likes: 151
  • DansDeals.com Hat Tips 23
    • View Profile
  • Location: Jerusalem
  • Programs: Arzei Makolet Platinum, Yossi's Makolet Silver, Yesh! Gold, Rav Kav Dirt
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #27 on: February 17, 2013, 06:28:35 PM »
Never heard of a privacy law that protects you from proving to a court. At most the court documents would be protected or something

I was talking about standard nosy inquiries. Obviously court is another story, but I doubt someone who just lost their job and is behind in their rent can afford to go to court for this kind of thing.

Offline ChAiM'l

  • Dansdeals Lifetime Platinum Elite
  • *******
  • Join Date: Jan 2010
  • Posts: 1851
  • Total likes: 51
  • DansDeals.com Hat Tips 4
  • Gender: Male
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #28 on: February 17, 2013, 07:10:03 PM »
I was talking about standard nosy inquiries. Obviously court is another story, but I doubt someone who just lost their job and is behind in their rent can afford to go to court for this kind of thing.

Here in the UK there is free legal aid, meaning that we have broke-a$$ tenants taking us to court for every little whim, while we have to foot our own costs. Not sure how it works in the US though.

Offline Devorah

  • Dansdeals Lifetime Platinum Elite
  • *******
  • Join Date: Dec 2009
  • Posts: 1227
  • Total likes: 0
  • DansDeals.com Hat Tips 0
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #29 on: February 17, 2013, 11:54:56 PM »
Here in the UK there is free legal aid, meaning that we have broke-a$$ tenants taking us to court for every little whim, while we have to foot our own costs. Not sure how it works in the US though.
They've got the same types of services in NY as well.

Offline henche

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: May 2011
  • Posts: 4461
  • Total likes: 449
  • DansDeals.com Hat Tips 0
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #30 on: February 17, 2013, 11:56:53 PM »
They've got the same types of services in NY as well.

Yes, you can even have Harvard Law Students donate their time for it.

Offline AsherO

  • Global Moderator
  • Dansdeals Lifetime 30K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 31016
  • Total likes: 7975
  • DansDeals.com Hat Tips 79
    • View Profile
  • Location: NYC
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #31 on: February 18, 2013, 12:04:06 AM »
Here in the UK there is free legal aid, meaning that we have broke-a$$ tenants taking us to court for every little whim, while we have to foot our own costs. Not sure how it works in the US though.

But I bet the laws in the UK don't favor the tenants as much as the NY laws do. The irony is that the NY landlords are raking it in notwithstanding.
DDF FFB (Forum From Birth)

Offline PlatinumGuy

  • Dansdeals Lifetime 10K Presidential Platinum Elite
  • *******
  • Join Date: Apr 2011
  • Posts: 15091
  • Total likes: 2437
  • DansDeals.com Hat Tips 11
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #32 on: February 18, 2013, 12:05:43 AM »
But I bet the laws in the UK don't favor the tenants as much as the NY laws do. The irony is that the NY landlords are raking it in notwithstanding.
Youre probably not referring to landlords that have squatters
״וזה כלל גדול: שישנא אדם כל דבר שקר. וכל מה שיוסיף שנאה לדרכי השקר – יוסיף אהבה לתורה.״ - אורחות צדיקים

Offline AsherO

  • Global Moderator
  • Dansdeals Lifetime 30K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 31016
  • Total likes: 7975
  • DansDeals.com Hat Tips 79
    • View Profile
  • Location: NYC
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #33 on: February 18, 2013, 12:08:32 AM »
Youre probably not referring to landlords that have squatters

Actually, there are ways for tenants to evade eviction for (many) years without paying any (or very little) rent if they play their cards right, and there's nothing the landlords can do. I heard this from a woman who has been managing NYC real-estate for 15+ years.
DDF FFB (Forum From Birth)

Offline PlatinumGuy

  • Dansdeals Lifetime 10K Presidential Platinum Elite
  • *******
  • Join Date: Apr 2011
  • Posts: 15091
  • Total likes: 2437
  • DansDeals.com Hat Tips 11
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #34 on: February 18, 2013, 12:11:03 AM »
Actually, there are ways for tenants to evade eviction for (many) years without paying any (or very little) rent if they play their cards right, and there's nothing the landlords can do. I heard this from a woman who has been managing NYC real-estate for 15+ years.
Hence I assume landlords with such renters aren't raking it in.
״וזה כלל גדול: שישנא אדם כל דבר שקר. וכל מה שיוסיף שנאה לדרכי השקר – יוסיף אהבה לתורה.״ - אורחות צדיקים

Offline AsherO

  • Global Moderator
  • Dansdeals Lifetime 30K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 31016
  • Total likes: 7975
  • DansDeals.com Hat Tips 79
    • View Profile
  • Location: NYC
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #35 on: February 18, 2013, 12:12:01 AM »
Hence I assume landlords with such renters aren't raking it in.

She was saying it's possible (but you really have to know how to play the system), but overall landlords are raking it in.
DDF FFB (Forum From Birth)

Offline Nitantnel

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Apr 2011
  • Posts: 2967
  • Total likes: 3
  • DansDeals.com Hat Tips 0
    • View Profile
  • Location: Brooklyn
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #36 on: February 18, 2013, 12:12:25 AM »
I think Ed Koch was in one of those apartments, CMIIW.

Offline Devorah

  • Dansdeals Lifetime Platinum Elite
  • *******
  • Join Date: Dec 2009
  • Posts: 1227
  • Total likes: 0
  • DansDeals.com Hat Tips 0
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #37 on: February 18, 2013, 12:14:18 AM »
I think Ed Koch was in one of those apartments, CMIIW.
Ed Koch was probably in a rent controlled apt.  Doesn't seem to be what AsherO is referring to.

Offline AsherO

  • Global Moderator
  • Dansdeals Lifetime 30K Presidential Platinum Elite
  • **********
  • Join Date: May 2008
  • Posts: 31016
  • Total likes: 7975
  • DansDeals.com Hat Tips 79
    • View Profile
  • Location: NYC
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #38 on: February 18, 2013, 12:42:36 AM »
Ed Koch was probably in a rent controlled apt.  Doesn't seem to be what AsherO is referring to.

Though rent control is a big issue for landlords as well, and it's part of why they raise the rent at every opportunity they have, thus driving up prices for the rest of us.
DDF FFB (Forum From Birth)

Offline Devorah

  • Dansdeals Lifetime Platinum Elite
  • *******
  • Join Date: Dec 2009
  • Posts: 1227
  • Total likes: 0
  • DansDeals.com Hat Tips 0
    • View Profile
Re: Need Advice: FIL's Tenant Missed Two Rent Payments - What Are His Options?
« Reply #39 on: February 18, 2013, 12:50:38 AM »
Though rent control is a big issue for landlords as well, and it's part of why they raise the rent at every opportunity they have, thus driving up prices for the rest of us.
if u are talking about rent regulated apts, the way rent control and rent stabilized rents are raised are totally different.