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christopher13501 · Mar 5, 2008, 08:17 PM

I live in utica New York,my tenant gets welfare to pay her rent but we haven't been getting our rent.I filed for eviction yesterday>now if she comes up with the money can I legally refuse to accept the rent from her and just follow through with the eviction?? :confused:

N0help4u · Mar 5, 2008, 09:07 PM

Once it is in eviction I THINK it is up to you but I am not for sure on that.

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dragnlady5 · Mar 5, 2008, 09:17 PM

As far as I know you can accept the money that is owed and still evict her for late payment

Fr_Chuck · Mar 5, 2008, 09:24 PM

Normally in the eviction process before you file in court, you issue them a "pay or quit" notice which means they are to pay or move out. Unless you are evicting them for some other reason, normally the judge will accetp payment and allow them to stay if they pay in full. The payment must include all costs and fees.

JudyKayTee · Mar 6, 2008, 06:54 AM

Originally Posted by Fr_Chuck

Normally in the eviction process before you file in court, you issue them a "pay or quit" notice which means they are to pay or move out. Unless you are evicting them for some other reason, normally the judge will accetp payment and allow them to stay if they pay in full. The payment must include all costs and fees.

Yes, that has been my experience - and if I wanted them out then I had to file for eviction again citing "chronic late payment of rent."

ScottGem · Mar 6, 2008, 07:10 AM

The key here is what you listed as the grounds for eviction. You might even be able to accept a payment as past due rental and proceed with the eviction on grounds of chronic non payment. Also what is the lease situation? Finally, is your rental unit subject to public assistance referrals? That might also have a bearing.

christopher13501 · Mar 6, 2008, 07:39 AM

Originally Posted by ScottGem

The key here is what you listed as the grounds for eviction. You might even be able to accept a payment as past due rental and proceed with the eviction on grounds of chronic non payment. Also what is the lease situation? Finally, is your rental unit subject to public assistance referrals? That might also have a bearing.

Well first I want to thank you... I rented the apartment to her to help her out,she was in a bad situation.I listed the apartment for 450 a month and she took the landlord statemant to social services who in turn pay the rent.Well they sent 450 for nov,dec,and jan.Feb they sent 424 and I haven't received anything for mar.After she moved in she moved her boyfriend in and then her brother.They disrespected my home and did damage(broken windows)and I confronted her.Well just the day before yesterday her boyfriend called me making threats and I called the cops.She didn't list them on her statement to dss so I called her caseworker and reported her for fraud.She is also not on a lease,month to month.she moved them out yesterday after she got served by a marshall with three days notice to pay the rent or I'm taking legal action.No,my apartment isn't subject to public assistance referrals.But no matter what way you slice it I want her OUT!! So I wanted to know if I can legally refuse to accept the rent.I got a check today for 424 from dss,but the rent is 450 and I'm not interested in her even trying to give me the remaining balance,I just want her out.. And I'm still waiting on the money for march... :mad: :mad:the grounds for eviction is non-payment...

JudyKayTee · Mar 6, 2008, 07:51 AM

Originally Posted by christopher13501

Well first i want to thank you...I rented the apartment to her to help her out,she was in a bad situation.I listed the apartment for 450 a month and she took the landlord statemant to social services who in turn pay the rent.Well they sent 450 for nov,dec,and jan.Feb they sent 424 and i haven't recieved anything for mar.After she moved in she moved her boyfriend in and then her brother.They disrespected my home and did damage(broken windows)and i confronted her.Well just the day before yesterday her boyfriend called me making threats and i called the cops.She didn't list them on her statement to dss so i called her caseworker and reported her for fraud.She is also not on a lease,month to month.she moved them out yesterday after she got served by a marshall with three days notice to pay the rent or i'm taking legal action.No,my apartment isn't subject to public assistance referrals.But no matter what way you slice it i want her OUT!!!! so i wanted to know if i can legally refuse to accept the rent.I got a check today for 424 from dss,but the rent is 450 and i'm not interested in her even trying to give me the remaining balance,i just want her out..And i'm still waiting on the money for march...:mad: :mad:

My experience was that my tenant wanted to stay and I had to accept the rent - I then had to start another eviction on the basis of chronic late payments - I'm in NYS.

ScottGem · Mar 6, 2008, 08:27 AM

First I'm a little confused here. Is DSS paying you directly or they payning her directly. If they are paying you, then you may not be able to evict for non payment.

You need to change the grounds for the eviction. Cite property damage, unauthorized tenants and harassment. But if the only grounds are non-payment you will probably lose on that. Don't cash the check, but don't return it either.

Since she's on a month to month you can terminate the lease with one month's notice. So, tell her she needs to be out by April 15 (written notice) and tell the judge you have done so.

christopher13501 · Mar 6, 2008, 08:48 AM

Originally Posted by ScottGem

First I'm a little confused here. Is DSS paying you directly or they payning her directly. If they are paying you, then you may not be able to evict for non payment.

You need to change the grounds for the eviction. Cite property damage, unauthorized tenants and harassment. But if the only grounds are non-payment you will probably lose on that. Don't cash the check, but don't return it either.

Since she's on a month to month you can terminate the lease with one month's notice. So, tell her she needs to be out by April 15 (written notice) and tell the judge you have done so.

Well it's to late to change the grounds of eviction,she got served already for non-payment,dss sends a two party check that we both have to sign,then I can deposit it.dss sends the checks in the mail.So should I file again with the marshall?or should I just type it up myself and get it notorized that she has until say may first to vacate the premesis under the grounds of damage etc.etc.etc. I already got a new landlord statement that states the rent is going up to 550 a month as of may first as well.Well let me know what you think... thanks... The rent here is paid on a basis of the first of the month it's due,so can I really tell her to be out 30 days after I give her notice and have her move in the middle of the month?:confused: :confused: I also have no plans on cashing the check as well,see dss puts on the landlord statement that although they pay the rent she is solely responsible,so dss can only get involved so much.. Also can I make her sign a rental agreement now??

ScottGem · Mar 6, 2008, 08:58 AM

Ok, so if DSS sends a 2 party check, how is it you didn't get paid? That confuses me.

However, If you send her a notice that you will not be renewing her tenancy and that she has to be out by May 1, then you don't have to cite ANY grounds. Of course, if she doesn't leave you have to go through the eviction process again, only this time the grounds are termination of lease.

christopher13501 · Mar 6, 2008, 12:12 PM

Originally Posted by ScottGem

Ok, so if DSS sends a 2 party check, how is it you didn't get paid? That confuses me.

However, If you send her a notice that you will not be renewing her tenancy and that she has to be out by May 1, then you don't have to cite ANY grounds. Of course, if she doesn't leave you have to go through the eviction process again, only this time the grounds are termination of lease.

I was stating that I didn't get the correct amount of rent for jan, and I didn't even get any rent at all for feb.But I'm getting her out of here.The money is never on time and when it does come it isn't even the amount I put on the landlord statement which is 450 a month.If all they are alloting her is 424 I don't have to accept that I would assume.I appreciate your help very much... do you have any more advice??

N0help4u · Mar 6, 2008, 04:34 PM

From what I am understanding you stated You got 424. For Jan and Feb but she still owes you the 26 difference for Jan and 26. For Feb.
If that is all they are sending you then either
A. She is getting enough money somehow, somewhere that they are leaving the 26. A month up to her to co-pay.
OR
B. If DSS did an inspection and reported the rental value is only worth 424. Per month
then you are not allowed to charge her the difference but they should have told you that if it was the case.
Hold on to the checks and don't cash them if you don't want to until you see what way this is going. The checks should say good for up to 60 or 90 days on them.

Give her and DSS, in writing, that you plan to raise the rent to 550. On May 1st
and also let them know an itemized list of damages, harassment and that she had people staying there.
Although from what I have seen DSS doesn't always make others staying there an issue it is still something to point out.