Buffalo, NY asked in Landlord - Tenant for New York

Q: I have a tenant in Niagara Falls, NY with no loss of income who has only paid rent once since March 2020.

Do I have any recourse? Its November, 2020. I have not received rent since March. The tenant has no loss of income.

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2 Lawyer Answers

A: More information and factual backgrounds will be needed to better answer your question.

It appears to be unusual for an owner/landlord to wait this long. It's almost 8 months since the last payment. You will probably need to commence an eviction proceeding in the local court that has jurisdiction over the matter. Each county has different designated courts for eviction proceedings.

You will be mostly likely to need to begin by sending a notice by certified mail informing the tenant you of the unpaid rent overdue, followed by formal eviction proceeding which also begins with paperwork.

A: You may commence a nonpayment proceeding. However, due to moratoriums on evictions, should you receive a judgment of possession you will not be able to evict your tenant for nonpayment until after the new year begins.

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