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Old 05-17-2011, 12:39 PM
 
17 posts, read 20,298 times
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Just visited a attorney. The process will take me about $2500 for court + $10800(6 months rent) + (~$200 to $300)damages he cause+ $200 per each legal letter.
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Old 05-17-2011, 12:47 PM
 
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Threads like this make me never want to be a LL. To the OP, sorry you are going through this. No advice to offer, just sympathy.
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Old 05-17-2011, 03:18 PM
 
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Quote:
Originally Posted by kikibay View Post
Just visited a attorney. The process will take me about $2500 for court + $10800(6 months rent) + (~$200 to $300)damages he cause+ $200 per each legal letter.
So take that 2500 and go to your tenant and offer it to them to get the **** out.
6 months seems excessive unless there's something else going on here.
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Old 05-17-2011, 04:51 PM
 
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Originally Posted by modsquad81 View Post
So take that 2500 and go to your tenant and offer it to them to get the **** out.
6 months seems excessive unless there's something else going on here.
That's exactly what I am planning to do.

I will type out an agreement letter saying if they do accept my money, they must move out by Sunday.

Last edited by kikibay; 05-17-2011 at 05:00 PM..
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Old 05-17-2011, 06:52 PM
 
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Do you two actually trust each other at this juncture? If not, you may need to set up an escrow or pick a third party you both trust to hold your money to be dispensed upon the tenant vacating, leaving it broom clean, returning the keys or whatever. Don't give it to him outright.
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Old 05-17-2011, 09:39 PM
 
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I just went there around 10PM.

When he opened the door, he immediately put on an angry face and said "Gosh. It's late. People need to sleep", and then he just slammed the door, and locked it. I didn't even get a chance to open my mouth and actually have a conversation. My mother was also there, and she was shocked. His face changed completely from before. It was all planned the moment he moved in.

BTW, my attorney told me that there's a group of Puerto Rican tenants doing this for long time. They don't have credit or whatsoever. So landlords really have to look out for them by asking security deposit in check, credit score, tax income report, previous utility bill copy, S.S. card copy and complete tenant survey.
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Old 05-18-2011, 05:29 AM
 
2,854 posts, read 1,722,090 times
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Quote:
Originally Posted by kikibay View Post
I just went there around 10PM.

When he opened the door, he immediately put on an angry face and said "Gosh. It's late. People need to sleep", and then he just slammed the door, and locked it. I didn't even get a chance to open my mouth and actually have a conversation. My mother was also there, and she was shocked. His face changed completely from before. It was all planned the moment he moved in.

BTW, my attorney told me that there's a group of Puerto Rican tenants doing this for long time. They don't have credit or whatsoever. So landlords really have to look out for them by asking security deposit in check, credit score, tax income report, previous utility bill copy, S.S. card copy and complete tenant survey.
I am not an expert but you are jumping the gun. It is a month to month tenancy. Send a certified letter to the tenant advising that you would like him to vacate the property. I believe it is your right. If the tenant refuses to vacate then take him to small claims court. I believe the cost is less than $20.00. Did you take pictures of the property to show the condition of the property before it was rented? You need to establish a paper trail. I would NOT visit him at all. I would send letters and show the judge that you made every attempt to resolve the issue but the tenant was not responsive.

The bottom line is you did not do your homework before you became a landlord. It is a business that requires reserves for periods of non payment and thorough screening. You live and learn. Did you read the Landlord booklet that one of posters included in his post? What is a tenant survey?
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Old 05-19-2011, 10:46 AM
 
13 posts, read 14,034 times
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Originally Posted by goodlife36 View Post
The bottom line is you did not do your homework before you became a landlord. It is a business that requires reserves for periods of non payment and thorough screening. You live and learn. Did you read the Landlord booklet that one of posters included in his post? What is a tenant survey?
Ok, it is no longer helpful to remind the OP that he/she didnt do his homework before renting out the place. I think it's pretty obvious and he's well aware of it now. To the OP ... you did not do your homework before ... lol ... just kidding! You can forget about pursuing your tenants in small claims court for back rent. In many housing cases, the judge will almost demand that you forgive the back rent as part of the agreement to vacate. And, quite honestly, you will find/learn sometimes you want them out so bad you'll have to eat that loss.

Honestly, this is a route that I'd take. Set up an appt to talk to the main person in the apt. Explain your situation to them and how you are harmed financially; that you're a working person just like them and you have to meet your obligations. Tell them you can give them some time to move without paying and you wont sue them for back rent. If they're not pros at this sometimes you'll call their conscience ... they will move in reasonable time. Dont rush to the courts yet b/c it'll be 6 months on average before they are ordered to move (sometimes up to a year).

The fact that they dont have lease means little in NYC. Yes, you can do a holdover but that's only day one of your possible 180 days or more. Some other options you have, if they a separate water heating system then you can always let it go cold for a while. Best option is to do what I did with an old tenant: Wait until the apt is empty then go in and remove the toilet. I would have paid to see the reaction in their face when they walked in that bathroom. Sure, they called the police and I'm certain the officers knew full well I removed the toilet but could they prove it? Think they bought another toilet? Hell nah! They moved!

Full discolsure: Im both a landlord and a tenant. I owned a two family place in Queens but my girlfriend has a rented apt close enough to my job so I stay here. I do have a room kept in the basement ...
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Old 05-19-2011, 10:49 AM
 
3,106 posts, read 2,420,097 times
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Quote:
Originally Posted by kikibay View Post
I just went there around 10PM.

When he opened the door, he immediately put on an angry face and said "Gosh. It's late. People need to sleep", and then he just slammed the door, and locked it. I didn't even get a chance to open my mouth and actually have a conversation. My mother was also there, and she was shocked. His face changed completely from before. It was all planned the moment he moved in.
what horrible behavior. you have my sympathies
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Old 05-19-2011, 11:04 AM
 
13 posts, read 14,034 times
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OP, my apologies. I re-read your post and saw the part where you said there were children there. Man, it sucks. You can't even pull the toilet and can't hit them with cold water. Regretfully, I say you're up the creek. Try talking to them.
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