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What should i do if my tenant pays partial rent and does not pay the rest of the difference.
Anonymous3 views2 answers
I have a tenant who i recently rented a property out to. The tenant paid me partial rent and has not paid me the differential of say $164.00. I tried calling and texting them but i havent heard a response from them as yet. Its been two days and no response. What should i do? Is there a way i can cancel the one year lease and ask them to leave? Can i evict them? What should i do?
Dear what should I do?
This sounds as though this is your first adventure as a landlord. Your lease controls whether you may "terminate" the tenancy for cause based upon an event as you described. Likely your lease would not allow termination based on nonpayment of rent.
If you were short-paid this month, you are entitled to serve upon the tenant a written demand to pay the rent, commonly known as a three day notice. Unless your tenant has some real reason to withhold rent, the service of the three day notice likely will cause the tenant to pay up so that the account is current.
You will need an attorney to do your rent demand and a summary proceeding if the tenant does not pay.
Meanwhile, you should read about your rights as a landlord in New York courts. You may if you wish to skip engaging an attorney choose to represent your self, using forms the court makes available. If you represent your self, you are not allowed to serve any of the papers involved on your own, and you will need to be your own check list of the documents and other evidence you would require to successfully prove your case in court.
http://www.nycourts.gov/4jd/plattsburgh_city/no...
You will want to check with your local landlord and tenant court about forms for self-represented landlords that may be offered by your local court.
Good luck.
Mark Michael CampanellaLitigation LawyerFairport, NY ·
The answer to your question depends entirely on what you wish to accomplish. Based on the information you provided, I'm assuming you have a written one year lease. If he only provided partial rent and has yet to pay the balance, you've got a couple of choices. Without knowing the terms of the lease or the applicability of any grace periods, the tenant could well be in violation of the lease, in which case you have the right to commence a summary eviction proceeding to remove the tenant. Depending on your relationship with the tenant however (he's been a good tenant up until this point, you'd rather not get rid of him, etc.), maybe it's worthwhile to try and engage him further to see if you can get them current. If efforts to communicate get you nowhere, you're last recourse is to commence the eviction proceeding to remove them from the premises. If you choose to evict, make sure to give a proper notice as to the breach first.