Upstate NY Lawyer for Collecting Unpaid Rent

Upstate NY Lawyer for Collecting Unpaid Rent

Member since 2019 · 4 posts · 1 vote

We recently took over managing our own properties after a few years of poor mismanagement. During the process of our audits, we found a few long term tenants who were behind on multiple months of rent and were able to settle with all but one. I'm looking for a recommendation for a lawyer who can help us settle this last remaining tenant's outstanding rent debt. 

In terms of the accounting, previous deposits, emails with the previous manager, all grievances and their associated rental  discounts has been audited, accounted for, and documented. We've shared this information with the tenant, clearly outlined amount they owe and what that number is composed of, and provided all related documents, and a deadline for payment. However, the tenant has replied that they will not be paying. To clarify, since taking over management, the tenant has been up to date on rent payment, this is months of back rent owed from prior years. 

I'm looking for a lawyer who can send a formal demand letter and then serve a complaint, if necessary. Because the accounting and documentation is completely and transparent, this should be a fairly straightforward case and I'm interested in a flat-fee proposal as opposed to an hourly bill rate. 

That said, we need to reassemble our own team and I am looking to use this as an opportunity for us to build a relationship with an individual or firm that we can continue to work with going forward. 

Do you have recommendations of a lawyer in upstate NY who is well versed in landlord/tenant laws and offers competitive rates? 

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  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    7y

    Could you be more specific about the area where your property is?  Upstate NY is a very large geographic area, and I don't know any lawyer whose business model would cater to the intricacies of all of the municipalities and counties of the state, not to mention the hours of driving to travel to those proceedings.

  • Property Manager · Rochester, NY · Member since 2018 · 11 posts · 2 votes
    7y

    I just sent you a message, I can refer some attorneys to you if you're in the Rochester or Buffalo area! 

  • Lender · Tampa, FL · Member since 2018 · 422 posts · 210 votes
    7y

    I am in the Buffalo area, can you refer them to me too? Thanks!

  • Rental Property Investor · Buffalo, NY · Member since 2017 · 257 posts · 130 votes
    7y

    In Erie or Niagara County, Mark Aquino is good (timely and price is reasonable). But there is no settling with tenants. You evict them, and then you can waste more time and money going after them in small claims court if you want, and even more time trying to collect after you win. 

  • Investor · Matamoras, PA · Member since 2015 · 111 posts · 32 votes
    7y

    You  should find out if the tenant actually has some kind of interest to go after.

    You can hire a lawyer and pay him/her however much they ask.

    But after the judge makes their decision to put a judgement on the tenant for the amount of rent unpaid they actually dont even have to pay it.

    It will hit their credit score and that is it and as we all know people who rent dont really care about their credit.

    I also dont beleive you can evict a tenant in NY if they are currently paying. So it sounds like the tenant is deliberately moving the chess peices in their favor actively.

    I would raise their rent and bury them until they fell apart naturally.

  • Real Estate Broker · Greater Rochester/Finger Lakes Region · Member since 2016 · 61 posts · 63 votes
    7y

    In in this particular case, given that the tenant is now paying, I would let it go. You have a tenant that is currently paying rent! If you serve them papers trying to collect back rent, there's a very good chance they will not pay current rent and squat in your property until they are evicted.  By the time you pay to have someone evicted, and all the attorneys fees to write up this letter to make them pay the back rent, it may be more trouble than it's worth.

  • Member since 2019 · 4 posts · 1 vote
    7y

    Thank you all for your feedback, your perspectives are pretty insightful. 

    @Craig S. @Jon W.  @John W. --- We are talking around 10k in unpaid rent. Does knowing the amount owed change your opinion to not pursue legally or do you still think I should consider recovering through rent increase and leave an attorney out of this? From your experience, will the legal fees eat away a significant portion of the amount recovered?

    @Wesley W. -- the property is in the capital region. 

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    7y

    @M. Malik  I use Larry Naviasky in Schenectady.  He does all kinds of RE transactions and L/T law.  He's done 3 evictions for me in the last few years.  I'm very happy with his fees as well as responsiveness to questions/issues.

  • Rental Property Investor · Buffalo, NY · Member since 2017 · 257 posts · 130 votes
    7y

    @M. Malik  if you can determine that they have money or assets to collect, It may be worth it. I would contact a lawyer about it. Probably better off selling the debt on the black market....jk ;)

  • Real Estate Broker · Greater Rochester/Finger Lakes Region · Member since 2016 · 61 posts · 63 votes
    7y

    That amount of money would definitely make me reconsider my previous post. Bottom line is, do you think they have the ability to pay back $10,000? If so, I would go for it. But, in the areas that I operate in, no tenants have $10,000 sitting around. Nor do they have any way to get it.  So it would be a total waste of time and money to try. That's a lot of money to just write off though. May be worth a consultation with an attorney. 

  • Property Manager · Syracuse, NY · Member since 2016 · 601 posts · 384 votes
    7y

    You can't get water from a stone. You could get a judgement and request funds from their tax returns but it's wishful thinking and you'd need to be able to prove everything. If there is any plausible deniability from the tenant and if the property manager did not keep good records; you may not even be able to prove they owe you anything. 

  • Real Estate Broker · Watertown, NY · Member since 2016 · 1k+ posts · 1k+ votes
    7y

    @M. Malik  It's my understanding that the landlord normally loses in the end in these situations. The best way to mitigate your losses is to get rid of that tenant ASAP and get a new one in there

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