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newlandlord · Oct 10, 2006, 08:36 AM

Hi, my father had just purchased a 4 family home with tenants already lived in the apartments... and one of the teanents that live there is known to be a trouble maker.. and now she won't pay her rent for the reason cause she wants another year added on her lease and my father said no...
Can my father break her lease in court, evne if she still has one more year left?
What should he do?
Need info please anyone get back to me...
:confused: :confused: :confused: :confused:

RickJ · Oct 10, 2006, 08:55 AM

No problem here. And it's not "breaking her lease". If the tenant did not pay rent, start the eviction proceedings... which needs to be a notice to "pay rent or quit". What state are you in?

excon · Oct 10, 2006, 08:58 AM

Hello new:

There's nothing wrong with SAYING she won't pay her rent, but as soon as she doesn't pay, your father can evict her. If she pays (and follows the rules - SEE BELOW), then he has to honor her lease. However, if she's a troublemaker, that means she's ALREADY broken the lease and nobody did anything about it.

Now, it's your dad's turn. First things first. He's in the landlord business. He needs to know the rules of the landlord business in order to have ANY chance at success. It's like playing Monopoly. You wouldn't play if you didn't know the rules, would you? The rules for your state can be found at the top of this forum.

Once he knows the rules, he'll know when she's broken one of them, and he'll know how to evict her. Monitor her carefully.

excon

newlandlord · Oct 10, 2006, 09:13 AM

We are in New York area (the house is in queens)

Originally Posted by RickJ

No problem here. And it's not "breaking her lease". If the tenant did not pay rent, start the eviction proceedings...which needs to be a notice to "pay rent or quit". What state are you in?

newlandlord · Oct 10, 2006, 09:17 AM

OK cool, but she even mention if you want to go to court so be it, so my dad said he's going to discuss wit a lawyer wit the terms...

He went to collect the rent from her but then that's when she said stuff to him like "what u kickin me out u want my apt etc etc etc" she basically wanted to know his plans for the building and its not her business and she got upset and said she wants another year added and my dad said no and she said she's not paying

Originally Posted by excon

Hello new:

There's nothing wrong with SAYING she won't pay her rent, but as soon as she doesn't pay, your father can evict her. If she pays (and follows the rules - SEE BELOW), then he has to honor her lease. However, if she's a troublemaker, that means she's ALREADY broken the lease and nobody did anything about it.

Now, it's your dad's turn. First things first. He's in the landlord business. He needs to know the rules of the landlord business in order to have ANY chance at success. It's like playing Monopoly. You wouldn't play if you didn't know the rules, would you? The rules for your state can be found at the top of this forum.

Once he knows the rules, he'll know when she's broken one of them, and he'll know how to evict her. Monitor her carefully.

excon

ScottGem · Oct 10, 2006, 10:15 AM

As noted, she broke the lease by refusing to pay. So your dad needs to start eviction proceedings. But first you need to check on the rules about extending the lease. He may not be able to refuse renewal without cause. So, she might have a case if he tries to evict.

Basically your dad needs to discuss this with his atty. Something he should have done BEFORE buying the building.