How Can New York Landlords Collect Unpaid Rent?

October 19, 2012 (Press-News.org) How Can New York Landlords Collect Unpaid Rent?

One of the primary duties of a landlord is collecting rent from tenants. Rent collection can also be one of the most frustrating jobs of a landlord when tenants do not pay. Landlords in New York should understand the process of collecting unpaid rent.

Demanding Overdue Rent

The first step in beginning a rent collection action is to demand payment of rent from the tenant. The landlord, or someone working for the landlord, must ask the tenant to pay the overdue rent. The demand may be in writing or oral, depending on the terms of the lease. If the landlord chooses to deliver the demand orally, the landlord must inform the tenant of:
-The months for which the tenant is delinquent
-The total amount the tenant owes

The landlord must also tell the tenant that if the tenant does not pay, the landlord has the right to evict the tenant.

Filing a Nonpayment Petition

If the tenant does not pay the overdue rent after the landlord demands it, then the landlord is free to begin legal proceedings to collect the rent by filing a nonpayment petition, or dispossess. The petition must include:
-The landlord's interest in the property
-The tenant's interest in the property
-The nature of the lease agreement and when the lease began
-A description of the property
-The facts of the case describing the nonpayment of rent, including the amount of rent due and details of the rent demand
-An assertion that the tenant still occupies the property
-The relief the landlord seeks
-Whether the building is a multiple dwelling and, if so, whether there is a registration statement on file with the office of code enforcement, the multiple dwelling registration number and the name and address of the managing agent
-Details of any rent regulations that apply to the property or an explanation why rent regulations do not apply to the property
-The landlord's signature
-Verification of the petition and notarization

After completing the petition and making copies of it, the landlord must bring the petition to the cashier's window of the Landlord-Tenant Clerk's Office to purchase an index number to file the petition. The landlord then must serve a Notice of Petition and the petition on the tenant and bring back a notarized Affidavit of Service showing that the landlord served the petition on the tenant. The landlord must also provide a postcard for the Clerk's Office to mail to the tenant.

When the tenant answers the petition, the Clerk's Office can schedule a hearing, notifying the parties of the date and time by mail. If the tenant fails to answer the petition, the landlord may move for a default judgment.

Talk to an Attorney

Collecting unpaid rent can be a complex process due to the number of steps involved and the detailed requirements for each step. If you have issues regarding collection of unpaid rent, speak with a results-oriented landlord tenant attorney who can take action on your behalf.

Article provided by Law Offices of Raymond Cash, P.C.
Visit us at http://www.queenslandlordtenantlaw.com