If a tenant is not paying their rent, then you may be able to file for a nonpayment case, which will sue the tenant for the rent. You can also request that the court evicts the tenant for lack of payment. Before doing this; however, you must ask the tenant for the rent. If you have not placed a "rent demand", then the court will not accept your case.
What Should Be Included in a Formal Rent Demand
A rent demand can be oral or written and should include the following:
Statement that you want the rent
Statement that you will evict the tenant if the balance remains unpaid
The amount of rent owed
Other charges, including water, tax, utilities, and anything else per the lease
Your rent demand must be communicated to the tenant at least three days before filing. It is important to note that another individual must deliver the legal papers. If the tenant does not respond by paying the rent by the requested date, then you may legally begin filing a nonpayment case with the housing court.
Contact a Landlord Lawyer for Tough Litigation
To obtain guidance throughout the whole process, contact The Law Office of Tamara I. Jordan P.L.L.C. There are very specific steps that you must take in order to successfully evict a tenant and receive payment. Our New York landlord attorney can protect your rights and your best interests, while engaging in aggressive litigation on your behalf. We can analyze your situation and make sure that everything is done properly. There are many special cases that require extra precision, such as with Section 8 tenants, so it is imperative to retain a skilled lawyer to assist you.
At The Law Office of Tamara I. Jordan P.L.L.C., we have more than a decade of experience and have recovered a number of notable settlements for former clients in the area of New York Landlord-Tenant law. Our firm is 100% client-driven and strives to provide the best possible representation. Call now for your case evaluation!
