Amsterdam, NY asked in Landlord - Tenant for New York

Q: My tenant is withholding rent for something they did, stating that the late fee is invalid. Can I evict for being late?

My tenant who hit a light pole at the end of the driveway, they are now demanding my homeowners' insurance info to make a claim. (there's off-street parking too and they claim they couldn't back out)They are now withholding rent until I give it to them. However, I spoke with my insurance company and they stated that because it has to do with a vehicle it should go through the drivers auto insurance. I served them with a 3-day rent notice. It is now over the 3 days. They have only attempted to pay $100-- stated that it "was all I can afford right now" but then told me that they were withholding the rent and that it was in a separate account. They were texting me nonstop, and now it seems like they're being petty in a sense that they are parking their vehicles to the point that they are almost touching my sons car, being noisy after 9 pm (they live in the upper unit) and they are leaving the lights on all day-- they took out my dusk till dawn lightbulb and replaced it with a regular one.

Related Topics:
1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: If the tenant is not rent-regulated or protected by the terms of an existing lease, you do not need a reason to commence a holdover proceeding in Housing Court to obtain a warrant of eviction. Since even small errors in legal papers necessary to bring the case can result in dismissal of a case that delay the process and prolong the time a tenant can remain in possession, you should consider retaining an attorney to explain the process to you and represent you in Housing Court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.