Owed Rent

[vascularpa]

My tenant, whom has given me problems with giving me the rent on a monthly basis, broke lease and moved out June 30th. He was signed November 1st for one year. He now owes me 3 1/2 months rent, about $6300. I am keeping his security, so he now owes about $4525. I know the laws in New York basically suck for the landlord, but is there anything I can do to get my money??? I have his contact information, but basically I feel this is a lost cause.

Should I take it as a loss, or sue him for money owed?

 

[mightymoose]

Have you made any effort at all to get a new tenant in the apartment? If not, you may have no claim at all to additional rent.
If you already do have a new tenant then you are likely only entitled to a prorated amount from the time the apartment was vacated until the new tenant came in- you are not automatically entitled to unpaid rent through November first.

At this point, if you have not at all attempted to rent the apartment to someone else then forget about ever obtaining unpaid rent. Keep the deposit. If the tenant was going to claim it he would have done so by now.

 

[Gail_in_Georgia]

I'm going to assume that this owe rent is for past months and not for "future months" by breaking the lease, correct?

If not, as mightymoose has stated, you have an obligation to make the attempt to rerent the unit.

If this is for PAST owed rent and you wish to sue, these types of lawsuits are typically heard through Small Claims court (which, in New York, handles cases up to $5000):

http://www.newyork.bbb.org/SitePage.aspx?site=24&id=bb39e995-cc80-4695-b951-ba5c097649ff

Keep in mind that winning a lawsuit is, sadly, no guarantee you'll ever actually see a penny of this money.

Gail