All Forum Posts by: Meghan Sullivan

Maggie Bee Fingers crossed that your tenant has moved on by now. My situation has worked itself out by now and I'm currently rehabbing the one unit. The upstairs tenant did end up paying me the remainder of the rent at the end of the month, but has not paid me yet for March. She has a 5 day grace period, but I'll have to work that out in the next couple days. With the downstairs tenant I ended up having her professional served with a 3 day demand for rent. She ended up moving out 8 days later. I didn't end up getting any rent from her or a forwarding address, but I was ecstatic that I was able to get the situation taken care of rather without having to go through the whole eviction process and more drama with her. Are you using any specific websites or programs in order to vet your applicants this time around? I've already had someone knock on my door asking about the possibility of renting, but I informed them that I was going to list the property and go through all applicants properly. Good luck with your own situation!

Deanna McCormick Is it then different paperwork that I'd file if she destroyed the place, since she'd technically be out of the property so it wouldn't be an eviction? It would basically be a case for small claims court correct? What paperwork would I then file in NY? Thanks for your response!

Also, what would happen if I did file for eviction still and she was already out of the property by the court date? Would the case be thrown out or would the judge see in my favor and grant me the rent she owes up to Feb 26th? Thanks!

Hello all! So I've been dealing with a tenant that has not paid rent this month. Her rent was due feb 1st and I had her served with a 3 day notice this past Saturday. I just contacted this tenant and asked if she was going to be leaving the property today or if I should be filing for eviction tomorrow. She responded that she won't be out tomorrow but that this Sunday she will be and wants to meet to hand me the keys. My question is whether or not I should still file for eviction tomorrow, or possibly wait for Sunday to see if she leaves. I haven't received the rent but it's only one month's worth of rent along with late fees, possible destruction to the apartment (I haven't seen the property since I had her served with the 3 day notice, but I'm fully aware how mentally unstable she is) and process server fees. I'm willing to eat those fees and rent, but am I risking the possible destruction to the property if I don't file now? I don't have a forwarding address or security deposit at all. As a seasoned property investor, what would be your course of action? Thanks for your input! Meghan

@Denice S.

@Maggie Bee

Thank you both for your responses and advice.  Sorry it took so long to respond.  I have been dealing with T2's drama recently, but am in the process of properly serving the 3 day notice to start the eviction process.  T1 claims that she mailed the remainder of the rent check today so I'll wait until Tuesday or so for that before I take it any further with her. 

I will definitely be more prompt next time this happens (fingers crossed it doesn't, but that seems hard to imagine after my experience thus far.)

I've done a load of research throughout this process, but have still learned a load more from bouncing things off the Bigger Pockets community.  So thanks so much for everyone's responses! I'm sure this won't be the last of my questions... Hopefully the next posts are more positive though. Thanks! :) 

Hello everyone!  So I've already got a post going about my current tenant issues, but I figured that I'd start a new one since some things have changed.  So I recently purchased a double unit with tenants occupying it month-to-month without any form of rental agreement. Upon closing, I met with the tenant and went over a rental agreement line by line, which she signed without argument.

The first month came and went on February 1st and I have yet to receive a full month's rent from her.  She informed me on February 4th that she won't have the rent until the middle of the month. She has been informed of the late fee, after having been given a five day grace period.

Today, February 14th, she informed me that she only has a partial payment for this month's rent and that she is giving me 30 days notice as of March 1st.  She claims that I will be given the rent that I am owed. At any case, this works for me, because I don't want to have to go through a long eviction process if I don't have to.  But I'm wondering if I should still serve the pay or quit in case for some reason she decides that she wants to stay after all.  I don't want to piss her off if she is in fact going to pay me the rent owed, but I also want to make sure that I'm covered if, for some reason, she decides to stay.  I no longer want her as a tenant. It's also good to note that there was no transferred security deposit with the purchase and the agreement states that payments for that don't start until March, so even better reason not to piss her off. 

It's great if she pays the rent owed, but if she doesn't then that is going to be two months rent missed. If she fails to pay rent, is it worth taking her to small claims court in NY? Her rent is $595/month, as well as a small late fee.

Thanks for the guidance!

@Kyle Domini 

I unfortunately did not check out the tenants' income/affordability prior to signing off on a month to month rental agreement with them since they were already living there.

I'm not sure if they want to remain living at the unit, but I don't want to have to deal with late rent every month.  My plan was to work on a pay or quit and send it out to them this weekend, but had an otherwise busy weekend.  

I'd prefer to get this month's rent at least, but I assume that they are then going to have trouble paying on time next month, so my question now is, if don't get rent on time in Buffalo, NY next month would I be fine to immediately start the eviction process so as not to waste any additional time or money? Or do I still need to go the route of the 3 day pay or quit notice before that? My understanding is that when it comes to unpaid rent in NY state, the usual 30 days notice is not necessary for eviction.  If it comes to it, I'd like to simply start over with new tenants than give them a chance to pay up.  Also, if I am able to start the eviction process right away, do I have to wait until the 5 day late rent grace period is up? 

Thanks for your input!

Thank you for all of your input.  I will be starting the process with them this weekend.  If I don't receive the remainder of T1's rent by tomorrow I will be sending out pay or quits. I'd prefer to have one tenant remain if possible (and that's looking like T1 so far) so that I can paint, do minor updates and list one unit at a time. Thanks again for your comments!

Jovon, good luck with your tenant.  I hope it works out for you.  Thankfully, my tenants are only month to month.  I will probably get the ball rolling this weekend unfortunately.  T2 even asked for some updates, which I'd planned to do (already purchased some materials), but now I will not be doing anything until she is either gone or starts making regular rent payments. 

Thanks for your input.  I had them sign a month to month rental agreement, knowing that I did not have the opportunity to vet them myself and that it may not work out. I choose to 'work with them' because, though I understand that this is a business relationship, I'm still not heartless and would like to be able to live with myself at the end of the day before uprooting someone for no good reason.  Once given proper reason, which now it seems I have been given, I have no problem terminating the relationship. Thanks again for your comments!