Tenants Late on Rent

[Ryan Allen]

I purchased a property in early August. It is a 3 family and I am currently house hacking it (Upstate NY). When I was under contract (was put under contract the last week of May) I requested all tenants be gone by closing. The previous owner moved new people in in July without a lease on a month to month basis and did not collect a security deposit. As we closed we were told there was a "miscommunication" and that the seller & seller agent thought I only wanted one of those two units in question empty. So I inherited the tenant at closing. 

The final walk through the day before closing revealed the empty unit had fleas in the basement. So I recovered money at closing to pay for those fleas to be out.

After I purchased the house I explained to them that I needed them to leave. I know in August that the date they had to be out by was 10/1. The two units that I am not living in are almost identical, except one has a finished basement with an extra finished bathroom down there. The inherited tenants (35ish yo couple) have very young kids and has a brother living with them (35yo). They provided me with a story and asked if they could move into the other, smaller unit.

I explained to them that there were fleas and I needed to get them out, but that they could move into the other unit after that.

Their rent was under market here, I told them if they picked up lawn care and shoveling only their driveway (not the other driveway), that I will write a lease and they need to pay a security deposit and not increase the rent (despite moving into a slightly smaller unit). They agreed. I offered they could pay the security deposit over the course of a few months to ease the burden. They agreed. 

Then they paid September's rent late, then they told me "we are switching sides on X day" and then never followed through. That cycle repeated numerous times before they moved. They are very nice, they kept their house very clean and left it in good condition. They provided another excuse when they paid September rent. I carefully reminded them that their new lease in effect 10/1 has a late fee and explained that it affects me and to please be aware and pay on time. This entire process they kept saying they "never pay rent late."

On 10/1 they told me that they would pay me on 10/5 because they get paid bi-weekly. They will include the late fee and pay the full amount. 10/5 comes and then today I followed up and they said they had an emergency, they apologize, they "NEVER pay rent late", they will have the money on Tuesday for me, then said they'd definitely have the money for me no later than Friday.

I told them they have until Tuesday, as they originally said, to pay me the full amount. They responded back with a sassy text about how things they agreed to (switching sides, cutting grass, shoveling snow) are ridiculous and should exempt them from a security deposit. 

At this point I understand that if I let them pay rent late like this, they will continue to pay rent late. So I want to go ahead and give them the 3 days notice to quit for.  I am looking for advice at how to do this, how do I deliver, is there a form online from the sheriff? I'm unsure where to begin this process.

Thank you.

[James Wise]

Originally posted by @Ryan Allen:

I purchased a property in early August. It is a 3 family and I am currently house hacking it (Upstate NY). When I was under contract (was put under contract the last week of May) I requested all tenants be gone by closing. The previous owner moved new people in in July without a lease on a month to month basis and did not collect a security deposit. As we closed we were told there was a "miscommunication" and that the seller & seller agent thought I only wanted one of those two units in question empty. So I inherited the tenant at closing. 

The final walk through the day before closing revealed the empty unit had fleas in the basement. So I recovered money at closing to pay for those fleas to be out.

After I purchased the house I explained to them that I needed them to leave. I know in August that the date they had to be out by was 10/1. The two units that I am not living in are almost identical, except one has a finished basement with an extra finished bathroom down there. The inherited tenants (35ish yo couple) have very young kids and has a brother living with them (35yo). They provided me with a story and asked if they could move into the other, smaller unit.

I explained to them that there were fleas and I needed to get them out, but that they could move into the other unit after that.

Their rent was under market here, I told them if they picked up lawn care and shoveling only their driveway (not the other driveway), that I will write a lease and they need to pay a security deposit and not increase the rent (despite moving into a slightly smaller unit). They agreed. I offered they could pay the security deposit over the course of a few months to ease the burden. They agreed. 

Then they paid September's rent late, then they told me "we are switching sides on X day" and then never followed through. That cycle repeated numerous times before they moved. They are very nice, they kept their house very clean and left it in good condition. They provided another excuse when they paid September rent. I carefully reminded them that their new lease in effect 10/1 has a late fee and explained that it affects me and to please be aware and pay on time. This entire process they kept saying they "never pay rent late."

On 10/1 they told me that they would pay me on 10/5 because they get paid bi-weekly. They will include the late fee and pay the full amount. 10/5 comes and then today I followed up and they said they had an emergency, they apologize, they "NEVER pay rent late", they will have the money on Tuesday for me, then said they'd definitely have the money for me no later than Friday.

I told them they have until Tuesday, as they originally said, to pay me the full amount. They responded back with a sassy text about how things they agreed to (switching sides, cutting grass, shoveling snow) are ridiculous and should exempt them from a security deposit. 

At this point I understand that if I let them pay rent late like this, they will continue to pay rent late. So I want to go ahead and give them the 3 days notice to quit for.  I am looking for advice at how to do this, how do I deliver, is there a form online from the sheriff? I'm unsure where to begin this process.

Thank you.

 Dont do the eviction on your own. Hire an attorney. There are some things that do not pay to do it yourself this is one of them. I evict over 100 people every year & have never attempted an eviction without an attorney.