We are currently coming to the end of our 1 year lease. Originally when the current owner advertised his property for rent it was advertised rent with the option to buy / owner financing. We met and in our discussion we stated that we were looking for long term. So the landlord new that we didnt want to rent if it was not going to be long term. About 2 months ago my girlfriend and I received a certified letter from our landlord stating that he would not be renewing the lease which ends this May 9th due to financial issues he is having. We know he is trying anything to get the home back before end of lease. Rent paid by 2 seperate checks of equal amount. 1 check didnt clear, we received a three day notice. Landlord was told that we would pay balance by this thursday. Receved 3 day noticeWhat will happen if we pay the balance of the rent 2 days after the three day notice expires? an we be evicted and how long will could it take? Whats steps occur after the 3 days are up and What are the time frames for each step? Thank you
miss the pay or quit and LL can file for eviction.
Pay the balance owed anytime before the evction hearing (in every state I am aware of--I am NOT a NY attorney) and the eviction process is discharged.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM providing you educational information NOT legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
Dear 3 day notice received yesterday. landlord did say he would meet to discuss issue but never showed. didn’t return our calls:
The missed rent payment, is a sidebar to your situation. With a lease soon to expire, the landlord would miss out on a swift resolution to his desire to recover possession of the house by starting a meaningless rent nonpayment proceeding.
Get a lawyer if you intend to defend yourself. Any misunderstanding about the rent or missed check is not the issue. You or your attorney, will try to resolve the issues in the landlord's holdover case by a negotiated settlement agreement, known as a stipulation of settlement. If your stipulation is approved by the presiding judge, your agreement takes the place of the judge making a decision after a trial.
You should focus on the big picture and that is not the "rent demand.” Your lease ends May 9, 2012. On May 10, 2012 you and your girlfriend are "holdover tenants" and the landlord is allowed to bring a lawsuit, known as a summary proceeding, that requests a judgment from the court, granting the relief of your eviction from the house, a judgment for any rent that is past due, and a judgment for the fair value of the use and occupancy by reason of your holding over.
Sec. 731. COMMENCEMENT; NOTICE OF PETITION [Excerpt is from NYS Real Actions and Proceedings Law, Article 7.]
1. The special proceeding prescribed by this article shall be commenced by petition and a notice of petition. A notice of petition may be issued only by an attorney, judge or the clerk of the court; it may not be issued by a party prosecuting the proceeding in person.
2. Except as provided in section 732, relating to a proceeding for non-payment of rent, the notice of petition shall specify the time and place of the hearing on the petition and state that if respondent shall fail at such time to interpose and establish any defense that he may have, he may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.
You should read the online manual for landlords who want to start summary proceedings
(outside New York City.)
Because your lease is over on May 9, 2012, you fit in with the definition of "holdover tenant."
Sec. 711. GROUNDS WHERE LANDLORD-TENANT RELATIONSHIP EXISTS [Excerpt is from NYS Real Actions and Proceedings Law, Article 7.]
A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer; he shall not be removed from
possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds:
1. The tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be.
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.
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