How you pay the rent may also impact your rent payment schedule. It used to be common practice to send a check for rent payments to the landlord by mail. With this payment method, tenants have to be mindful of when their landlord will receive your payment in the mail. Other payment methods include credit cards, money orders, and automatic debit. But if you must pay in cash, make sure you get a written receipt that documents your name, the payment date and time, and the amount paid.
You might face some hefty consequences if you fail to pay rent on time. The next thing you can expect is an eviction notice. The notice will instruct you to pay the rent within a certain number of days or face eviction proceedings. Landlords or property managers can report you to credit bureaus for not paying rent or consistently paying late. If this happens, your credit score will suffer.
Your credit score is your lifeline to getting approved for other rental opportunities and loans. Additionally, it is possible that some holdover evictions [63] should also be stopped by the TSHA.
First, some holdover evictions will be clearly motivated by nonpayment of rent during the covered period, even though the landlord does not explicitly state this. In other words, some landlords will attempt to get around the TSHA ban on evictions for covered period nonpayment by bringing holdover evictions.
The courts should not permit this. Second, as noted above, the affirmative defense language is very broad. First, neither a nonpayment nor a holdover eviction can be commenced against a tenant who has applied for ERAP, unless and until the tenant is found to be ineligible.
Tenants are also provided with protection against eviction in the event that the landlord does not cooperate and agree to accept ERAP benefits. Moreover, there are substantial protections in the statute for tenants whose landlords cooperate and receive ERAP benefits. If the court finds that some amount of rent is owed to the landlord, it is not paid at the time of judgment, and neither the TSHA nor ERAP defenses prevent issuance of a warrant of eviction, then the warrant may issue.
The tenant still has the right to pay and stay. Does it include any money that comes due after the hearing? This is an especially important question when a new month or other rental period begins after the hearing but before the scheduled execution of the warrant. Since a money judgment is not always issued at the same time as the warrant, and may not even be requested by the petitioner, the exact amount due that must be paid to vacate the warrant should ideally be included in the warrant itself.
It should not include any amount that accrues after that. Indeed, at least one court has already come to this conclusion. One procedural protection for tenants that was greatly expanded by the HSTPA is the so-called hardship stay. As applicable moratoria expire, a wave of evictions will begin in New York. Tenants will have to avail themselves of procedural protections in the law, some of which are currently unsettled because they went into effect only a short while before the COVID pandemic hit.
Yet this presents an opportunity for these issues to be litigated and the protections to be firmly established. Foremost among these are the rights to a five-day rent grace period, to raise the connected affirmative defense for failure to provide the five-day notice, and to request a jury trial — even after the first appearance. Additionally, many tenants will seek to use the TSHA or ERAP defenses to prevent eviction in nonpayment cases, and these may also provide protection in holdover proceedings.
In those cases where a warrant of eviction will issue, it will be critical to confirm the exact amount of rent that must be paid to prevent execution of the warrant, and to ensure that it does not include any post-judgment amounts. All these tenant protections, when properly utilized and applied by the courts, will delay and, in many cases, prevent homelessness and the unnecessary displacement of families.
William J. This article will also appear in a forthcoming issue of the N. Real Property Law Journal vol. M, sec. Self-help eviction is also a crime in New York City, under N. Lease agreements can be either oral or written. Canfield , 66 Misc. However, the statutory language places no such limitation on the defense. By comparison, a day notice gives the tenant 14 days to pay or vacate. Blum , N. White , N. City These kinds of evictions do not generally allege nonpayment of rent. Mega Wear Inc.
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