QUESTION
I won a judgment on eviction for non-payment of the rent so if they pay half of the Old rent. Can I still evict himon the set date
Asked on Dec 15th, 2023 on Landlord and Tenant Law - New York
More details to this question:
My tenant hasn’t paid rent for one year and I went to court and won a judgment for an entire year rent. He has till January 4 to pay the entire amount or the judge said I can take the warrant to the sheriff for eviction. Am I allowed to accept any partial payments and still go through with the eviction? He owes me over $18,000 and I know I’ll never see that money, but I really need any money he can pay, but I still want him out because he obviously thought it was OK to go a year without paying rent. So can I accept any partial payment and still evict him on January 4?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
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You are not obliged to keep your tenant forever, but you can't start an eviction until Jan 5. Assuming your tenant is month-to-month and not in the middle of a lease term, you'll need to serve a 60 or 90 day notice to quit depending how long your tenant has been there. If the tenant doesn't leave after being served, you can start a holdover proceeding. While you cannot collect rent while you're in the middle of a holdover eviction, you can demand "use-and-occupancy" in your petition, which is the market rental value of the apartment, and get a money judgment for the same. If the tenant attempts to delay the eviction, you can ask the judge to order the tenant to pay use & occupancy to the court or directly to you as a condition of a second adjournment, while the eviction is pending.
Answered on Dec 18th, 2023 at 12:26 PM