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  • Carl J. Muraco

I have a Bad Tenant, What are my options?

Bad tenant, hoarder, non paying tenant

A bad tenant can mean many different things. Whether it is a tenant who is not paying the rent, or a tenant who is not giving access, or a tenant who refuses to vacate and/or a tenant who is causing problems with other tenants and/or staff, a landlord has the ability to commence an eviction action.


If a tenant is not paying the rent and there is an active lease then we can proceed with a non-payment case. A non-payment case is an eviction proceeding strictly about the rent. First we serve a 14 day rent demand along with the 5 day statutorily required notice of late rent. Once the rent demand expires then we can proceed with the notice of petition and petition which documents start the case.


If a tenant is not giving access we can serve a notice to cure, then a notice of termination then the notice of petition and petition. The amount of time given depends on the lease provisions.


If a tenant refuses to vacate after the lease expires we have the option to commence a holdover. Unless you are subject to good cause eviction, a landlord can still serve a notice of termination or a notice of non-renewal upon a tenant they do not want at the premises. Depending on the length of time the tenant has occupied the premises, either a 30 day no



tice, a 60 day notice or a 90 day notice must be served.


If a tenant is causing serious issues with staff and/or other occupants by making excessive noise, damaging the property, or conducting illegal activity the landlord can terminate the lease and start was is known as a nuisance holdover. A nuisance holdover typically requires at least 3 occurrences within the last 3-6 months. A landlord should try to compile evidence of the occurrences. We can terminate the lease and proceed.


Housing court requires that a landlord plead their case specifically so you should speak with your attorney about which case to commence based on the facts. Call now to speak with an attorney at 718-938-9732.



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