I gave him one month notice, Should I stop collecting the rent from him (He always payed me by check), And is it OK to collect it without cash it? and if he refuse to leave?? How soon I will get the Order for eviction (if I file a case in court) ? And will I get the amount of money he owned me. ???
Landlord / Tenant Lawyer
Dear Flushing Tenant:
Commencement of an eviction lawsuit is not a spur-of-the-moment decision, so you should not have need for answers to basic information.
First, in NYC, you must provide a thirty-day written notice that is served on the roommate in the same manner as a notice of petition and petition (NY State Real Property Law section 232-a)
So a termination notice if served in June would look to end the "tenancy" on July 31 (that is if the rent due date is the first day of the month) and a properly made notice served in July should end the tenancy on August 31, 2013. If the notice did not meet the standard of the notice required by the statute or was not served in the manner required by the statute, you may as well abandon the first notice and serve a proper notice in the correct manner.
You cannot accept rent after the termination date of the tenancy and before you start the lawsuit. If you do (even if you do not deposit the check) then you could knock out your own case. Often the best suggestion to tenants litigating on their own, is to forget about any rent once you serve the termination notice. You may deprive yourself of the money, but you will avoid making a mistake that could be fatal to the case.
You will not just get an order of eviction, unless the roommate consents to a judgment, you prevail at a trial, or the roommate defaults and you succeed at an inquest.
You may seek a money judgment for unpaid rent. If you look for that relief, you must make certain that the request for a money judgment for rent is stated in the notice of petition.
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The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
5 lawyers agree
Real Estate Attorney
I agree with the previous answer and usually only a landlord, not a roommate can evict. However if the roommate has been paying you perhaps you are the landlord. In any event you will need a proper legal eviction.
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Family Law Attorney
You will not get any better advice than the answer Attorney Smollens gave you. You might want to hire him to make sure the eviction is done properly. Good luck.
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