Question:

Eviction -Duchess County NY - My SONS are bleeding me dry!?

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I own 2 rental properties and my 2 sons live in them seperately..

One sons pay chicken feed and the other refuses to pay any rent since his brother pays so little. They always have excuses and I am tired of this. I am 75 years old and need this income to continue to survive. They do not have a lease. I need to evict them. Please help me step by step without going to a blood sucker attorney - who might take advantage of me, since I own property.

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  1. Have an eviction service handle this for you, it will cost 600 a unit, but is a flat fee.    This way it is not only done legally but you do not have to deal with the blood suckers directly.


  2. In general, this is what you should do but its always best to consult an eviction lawyer in your area

    Since you have no written lease nor its seems any standard payment amount I would go this route

    They are on a month to month verbal statute lease, give notice in July that you intend to end the month to month lease as of Aug 31, 2008 this notice must be sent in July not Aug, certified

    then at the end of Aug when they fail to move you can move  for eviction for a hold over tenant

    You can try non-payment of rent but not sure how at his point you could come up with an agreed amount between all of you so it maybe easier to do holdover, but you can do both at the same time

    thus give notice to end at the end of Aug, and file in landlord tenant court for non-payment

  3. Since you don't have a clue how to do this you should hire an attorney to do it properly.

  4. So sorry you have to go through this. Your sons are clearly taking advantage of you. Sounds like they need some tough love. Let them know how good they have it!

    You send them a certified letter stating that you want to recover YOUR rental. You can do this since they are not on a lease. Give them a month or two to get it together and/or get out.

    If they refuse, you can petition at the court house. You do not need a lawyer for this. Since there is no lease, they are considered renting on a month to month basis, and you can repossess your property whenever you would like.

    I hate to see families go through situations like this. It should never have to come down to a judge-a person outside of the family making the decision for you. Make sure you send them a letter of your intentions so that they know you are for real this time. Let them know, they need to pay up or get out! Hopefully, the letter will put some fire under their butts, and make them pay you so you will not have to deal with courts.

    Good Luck!

  5. The "blood sucker attorney" is the one who will get them out, and charge THEM for his fees. Find a law firm that specializes in evictions ... they are reasonably priced and know exactlyr what to do. But do it SOON, because if you wait until next month it's another month's of freeloading.

    Then find an agency that handles rental properties ... ask to speak to some of their clients, get refe4rences. Yes, they willcharge you some money, but they willscreen tenants for ability to pay, and they don't get paid unless they are collecitng rent.

    BTW - they CAN show the property during the eviction process, and I recommend that you ask them to do this. It will shorten the time it takes to get some income flowing.

    ALSO: make an inspection tour of the houses, take lots of pictures,and if your sons damage the place, sue the socks off them!

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