Suing tenant for unpaid rent

[Catherine Li]

Hi everyone,

I have a tenant that I have been trying to evict since November 2019. This tenant has never paid rent on time, I've received many noise complaints about them from other tenants, they got a dog when I told them no pets, and they always store large objects in shared hallways creating a fire hazard. I have been going back and forth with this tenant about these issues since 2015. I finally decided to evict them in Nov 2019. 

Due to the covid eviction moratorium, I got really unlucky and I haven't been able to get them out. I probably won't be able to get them out for a while. Since I am evicting them, I have not collected rent from them for over a year. They refuse to move and actually moved new people into their apartment. 

I'm wondering if anybody has began the process of suing for unpaid rent while the eviction case is still opened. They owe me almost $30,000 in unpaid rent. Any other advice about evictions during covid would be greatly appreciated as well.

The property is in New York City.

Thank you.

[Michael Robbins]

@Catherine Li does the eviction moratorium in New York apply to tenants that are in violation of their lease (other than rent)?  If you are allowed by State laws then I would follow the lease to a T.  So, when the tenant leaves belongings in the hallway that create a fire hazard send a written notice for that violation to be cured.  Make sure to specify a time period of the cure.  If the tenant does not comply then move forward with an eviction.  Basically, follow the process, put everything in writing, and let the lease guide you.  Going back and forth with a tenant makes for a convoluted situation.  I am not an attorney and am only familiar with property management in Las Vegas, so make sure to check with your attorney.