I am in upstate NY and I recently negotiated and executed a early move out date with my tenants who were not paying the rent. There were not notices or evictions given just an agreement made for them to move out. :confused:By doing this have I screw myself out of suing them for back rent owed?

Hello DID:

It depends on the TERMS of your early move agreement... When you say negotiated, I'm assuming that you got a WRITTEN agreement wherein you were PAID something for giving them some considerations. So, it depends on WHAT those considerations are.

If, on the other hand, all you got was a promise from them when they'd be out, it's no better than any promises they've already made and broke. If THAT'S what it is, you can and should evict them and sue them for the money they owe you.

excon

Hello DID:

It depends on the TERMS of your early move agreement... When you say negotiated, I'm assuming that you got a WRITTEN agreement wherein you were PAID something for giving them some considerations. So, it depends on WHAT those considerations are.

If, on the other hand, all you got was a promise from them when they'd be out, it's no better than any promises they've already made and broke. If THAT'S what it is, you can and should evict them and sue them for the money they owe you.

excon

Dear EX,

Thanks for answering. Basically it was written but was electronic via email. I agreed not to evict if they moved out by a certain day and they did. Just wondering what my options are since I can't get eviction after the fact. Any suggestions??

Just wondering what my options are since I can't get eviction after the fact. Any suggestions?????Hello again, DID:

Just sue them in small claims court for back rent. You don't need to "evict" in order to collect what's owed to you.

excon