It would seem like a clear-cut case for eviction if the tenant failed to pay rent. Think again. Procedural missteps and other defenses can be raised even if there is no question that the tenant did not pay rent.
Tenant not paying rent or chronically late? We can help.
We urge landlords and property managers to make it a blanket policy to serve a 3-day notice whenever a rent payment is missed out of fairness to everyone. All too often, we encounter landlords who are conflict avoiders who kick the can down the road and this could result in months of unpaid rent when we factor in the time it takes to get into court.
In order to perfect the right to evict for nonpayment of rent, proper notices must be served but a recurring theme we have seen in our practice is the use of templated, stale notices.
Other mistakes abound like demanding an improper rent amount in the notice, failing to maintain the premises in habitable condition, and accepting payment after an eviction action is commenced, an exchange which re-establishes a tenancy.
These are just a few blunders but enter the pandemic. There are many other errors landlords could make like not apprising tenants of their rights afforded during COVID protections and the landlord's failure to do their utmost in seeking rental assistance funds.
Keep in mind that there is no shortage of tenants’ attorneys and advocacy groups that will identify mistakes like a heat-seeking missile. When the tenant does not pay the rent, Bornstein Law will educate you on the applicable rules and make sure that all of the I’s are dotted and the T’s crossed.