Reply With QuoteIbelieve 60 days unless its winter or the tenant has children...then its up to a judge....wrong and crappy but thats what I remember from our families apts....dont buy in Buffalo for rent!!!
I have a friend who has a tenant who rents a room. He has, in the past almost 8 years, never paid full rent and it's getting worse with small incremental payments of 20 dollars here, and there.
There was never any lease or formal agreement, simply an understanding that the tenant was to pay 250 per month. He owes well over several thousand.
How much notice does the landlord need to give? He'd like him out, ASAP. I will do a search on the internet as well, but if anyone has insight, would much appreciate. Thanks.
Ibelieve 60 days unless its winter or the tenant has children...then its up to a judge....wrong and crappy but thats what I remember from our families apts....dont buy in Buffalo for rent!!!
Oddly, according to NLS, there is a 72-hour eviction after the landlord serves papers, or warrant of eviction.
Okay, without a lease it is a month-to-month agreement.
Now the landlord needs to give him a three-day notice to quit. If the tenant does not leave the landlord then provides him/her with a 30-day eviction notice filed with the court (50 Delaware if in the city). This notice MUST be given (preferably in person along with a certified R/R/R) PRIOR to the first of any month for it to take full effect on the following month (ie: June 25th for a August 1st eviction). Then, if the tenant does not leave it goes to court and Judge Nowak will determine whether the tenant must leave immediately or have a few days to move out or if they could stay.
You have to follow the exact steps to assure proper eviction or else, they can stay on.
Situations like these can be a freakin nightmare....
I left my house in the city vacant for almost two years, just so that I'd have a tenant that wouldn't destroy the property, and would pay on time....(almost busted me, financially to do that, but it was worth it in the long run...)
I have a GREAT tenant right now....always pays on time...takes care of the place on her own (despite the fact that I keep telling her these things are MY problem), and I wouldn't trade her for love or money....she even gets along famously with my best friend, who owns the house next door!
Good luck...these things can be quite trying....
Cantolina,
100% right to approach it this way. A bad tenant can cost you so much more than the rent you get. I live in the city and own a double in the city. My rental was vacant for 9 months (between the two units) while I did some repairs and waited for good tenants. I now have two college girls in the upper and three in the lower and they're the best! Higher rents, a little less picky about the exact appearance of the place but willing to keep it up.
Thank you for the information. This particular tenant rents a room, not an entire apt. so hopefully, the eviction process will be less involved. Also, the fact that he almost never pays rent may speed the process, somehow.
Unfortunately, no....whether its a room or an apt. or a house, the laws are essentially the same....Originally Posted by wheresthesun
It should, as long as the landlord brings records to court of how much the tenant actually paid and when, versus how much and when he was supposed to pay. But you knew that.
good luck.....
kicking out a deadbeat renter is a trying and LONG process
The truth from a troll is still the truth.
It's why many small investors simply don't bother with investing in rental real estate or no longer invest in rental real estate if they once did.
Your right to buy a military weapon without hindrance, delay or training cannot trump Daniel Barden’s right to see his eighth birthday. -- Jim Himes
WHEN I was in court for an evivtion..the scumbag, crackhead tenant went for assisstance at the end of the hall with legal aid. They held the file, jerking me around , the Judge went to lunch, and when I asked him about my case and when it would be called, he said that legal assisstance must have the file..I spent 4 hours there, wanted to squeeze the neck of the free legal assisstance lawyer..until she could no longer spit out..habeus corpus!!
I finally won my case, negotiating, after agreeing not to seek monetary claim from the dopehead tenant. Like I would have received anything from her anyway. IT'S JUST NOT WORTH IT ANYMORE! Sometimes I cant really blame property owners that just walk away from their properties..the system they support thru their paid taxes..IS STACKED AGAINST THEM!!
I refuse to purchase residential investment property in Buffalo due to the hassles joe d mentioned. Nor do I recommend that any of my clients take a chance in Buffalo. You can get a similar or greater ROI with far fewer hassles in the first ring suburbs.
The last eviction I did, in the City of Tonawanda, lasted three minutes. The judge was very landlord friendly. The tenant faxed a letter to the court requesting the proceedings be rescheduled because he was starting a new job and couldn't attend. The judge read the fax from the tenant, chuckled, reviewed my paperwork, and ruled in my favor. I think I said five words the entire time.
Don't get discouraged buying investment property, just stay away from Buffalo.
Most of all I like bulldozers and dirt
I am thinking that he has no right to expect any additional payment since accepting a lower payment over that many years would constitute an agreement for the lower amount paid.
I think he needs to writ up a new contract (lease) with the amount of the rental and other terms such as duration. Notify the tenant by registered mail that a signed lease will be required for tenancy after a certain date. INclude the lease in that letter. Any time I had a lease the owner sent us the new lease three months prior to the end of the old lease. We had to sign 30 days prior to the end of the old lease. If we did not sign the contract was ended at the expiration date and we had to move.
Also most municipalities have tenant and owner rights codes. That is probably the place to start.
Americans don't solve social problems...they just move away from them
it is crazy that a landlord would have to endure all that.
The tenant did not pay, they do not own the property, so why should they have the right to stay?
I would NEVER be a landlord unless I was a college housing slumlord. From purely an investment perspective, that is where the REAL $$ is.
You get $$ right from the college in some cases, in others the student pays for the semester upfront when they get their refund check from the college. Either way, you are essentially guaranteed income and rent, and you can pack em in and get MUCH MORE than you normall could.
For example, rent a 2 bedroom unit, charge what the dorms do per person, and you end up getting about $1200 per month for your little slum apartment when you could never get half that otherwise. Do that in a whole building and you are talking some serious income. Even better if it's a 3 bedroom unit, or if you let people share a bedroom (each still pays the full rate).
Living in a dorm and sharing a 10x10 room costs about $600 per person. That is why students JUMP at the chance to spend that same "dorm money" on an off-campus apartment complex where they get their own space, and share a living room, kitchen, and bathroom with 1 other person.
then as the landlord, just let the place go to hell as you rake in the $$ (no reason to keep up a place that will get trashed anyway).
Milk the cow until the building is condemned, pay the demo costs, sell the piece of land (come out a bit ahead there) and move on.
Moral? nope.
Money making? Yes.
The truth from a troll is still the truth.
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