Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My friend and I own an apartment in NY that is rented out. Our tenants have been there for 4 years and they usually pay rent on time but are extremely reluctant to let us enter the apartment to check on it etc. We have only been back to see it once in 4 years since they say their schedules are busy and the like. Now, we have decided we want to sell the apartment and they are refusing to let us show the apartment for one hour a week. Wanted to know what are our rights as landlords? On the internet it says in most states landlords have to give 24-48 hour notice to tenants prior to entering an apartment to make repairs or to show it to prospective tenants. Even if my friend and I decide not to sell it, how do we re-rent it to someone else if we can't show them the apartment? I find it extremely unsettling that our tenants will not let us enter the apartment at all (we have email records showing our communication on wanting to check on the state of the apartment but they politely refuse). Can someone please help?
As a LL you have the right to show the apt, with reasonable notice and accomodation, as well as to gain access to the apt for repairs and emergencies. If the tenant does not want to provide reasonable access, you should move to evict as they are in default of the lease. Have an attorney send the letter to start the process.
Furthermore, as a LL you should have a copy of the key in order to gain access. If they have changed the locks, break the lock (call a licensed locksmith), and deduct the cost from their security deposit. You now have access to the apt as needed, and just give the tenant notice. If they don't like it, too bad, have THEM take you to court.
Either way, begin the eviction process as they are likely hiding something, illegal sublettors, etc.
As a LL you have the right to show the apt, with reasonable notice and accomodation, as well as to gain access to the apt for repairs and emergencies. If the tenant does not want to provide reasonable access, you should move to evict as they are in default of the lease. Have an attorney send the letter to start the process.
Furthermore, as a LL you should have a copy of the key in order to gain access. If they have changed the locks, break the lock (call a licensed locksmith), and deduct the cost from their security deposit. You now have access to the apt as needed, and just give the tenant notice. If they don't like it, too bad, have THEM take you to court.
Either way, begin the eviction process as they are likely hiding something, illegal sublettors, etc.
Unless your lease states otherwise, the above is EXTREMELY poor and erroneous advice. Consult an experienced Landlord Tenant attorney in NYC.
You do NOT have any right to *show* the apartment, and tenants are under NO obligation to accommodate a Ll in order to *show* the apartment.
The law and the lease (unless otherwise stipulated and agreed) provides full and COMPLETE occupancy rights to the Tenant for the term of the lease.
LLs can request and demand a *key* to the apartment, but the ONLY circumstance in which the LL is allowed to enter the apartment w/o the consent of the Tenant is upon an EMERGENCY; and, most importantly, an emergency wherepon immediate action is **necessary**.
Examples of an emergency w/b such as a 'gas leak', a water leak causing a flood, which is to distinguish between a *flood* and a slow deteriorating leak (for that you w/n a court order); and any other such similar type of emergency. That is it.
As LL, you have 'ownership rights'. As Tenant, they have 'occupancy rights' as stipulated by the Lease Agreement, which *must* be in compliance with the Law.
That is it.
If you have some suspicion that your property is being neglected then you need to take your supicions and PROOF to court, in order to gain access to the premises, while it is occupied and/or under lease.
If you wish to have *access* in order to *show* the apartment to prospective purchasers and/or renters, then you are at the mercy of your lease agreement and the cooperation of your tenant.
Again, the Tenant is under NO legal obligation to accommodate your desire to *show* the apartment!
****
To answer your questions directly:
Quote:
Even if my friend and I decide not to sell it, how do we re-rent it to someone else if we can't show them the apartment?
Do you want to sell it, or rent it?
Anyway, you WAIT, until the lease expires and your tenant has vacated. At which point, you will have full and complete access and control of the premises.
I believe your *real* question is not how to "sell" or "re-rent", but how do you not lose the rental income during the period, after the lease expiration and the apartment is not occupied.
What you appear to want is for your Tenant to absorb some or all of YOUR burden and INCONVENIENCE, as LL and owner. You appear to be upset that your tenant is not accommodating.
Your tenant has no such burden; and, its not obligated to inconvenience themselves in anyway. Tenants are not obligated to accommodate the wants of the LL.
As LL/Owner, it is your responsibility to absorb the costs of ownership.
Quote:
I find it extremely unsettling that our tenants will not let us enter the apartment at all (we have email records showing our communication on wanting to check on the state of the apartment but they politely refuse).
Then it is likely you are not suited to be a rental LL in NYC. As LL you are protected, by Law, the Tenant is responsible for any damage they cause, other than 'normal wear and tear'; unless stipulated and agreed in writing as a part of the Lease Agreement, and is in compliance with the Law.
The "Security Deposit" is intended to offset the cost of any or all such damage. If damage exceeds the amount of the Security Deposit, then you must bring Suit in order to recover any additonal costs.
The Security Deposit can *only* be withheld and refused to be returned under condition of Law. Failure to comply with the Law, subjects the LL to penalty of Law, which, under the discretion of a Court can be TREBLE the damages (at least 3x the amount of the security deposit).
The Law supercedes the Lease, in the event of any conflict; and, jfyi, *verbal* agreements or verbal lease amendments are Null and Void. A written lease cannot be *verbally* amended. Also, you cannot have any lease stipulation which is afoul of the law.
There it is.
Please consult an experienced Landlord Tenant attorny in New York County and/or the county in which your property is located.
****
Lastly, beware of asking Legal Advice from an idiot's forum!
As a LL you have the right to show the apt, with reasonable notice and accomodation, as well as to gain access to the apt for repairs and emergencies. If the tenant does not want to provide reasonable access, you should move to evict as they are in default of the lease. Have an attorney send the letter to start the process.
Furthermore, as a LL you should have a copy of the key in order to gain access. If they have changed the locks, break the lock (call a licensed locksmith), and deduct the cost from their security deposit. You now have access to the apt as needed, and just give the tenant notice. If they don't like it, too bad, have THEM take you to court.
Either way, begin the eviction process as they are likely hiding something, illegal sublettors, etc.
Absolute nonsense!
First, I would not sign a lease allowing you access outside of what is required by law.
Second, if you enter my apartment, as you described, I will have you arrested for breaking and entering, or whatever is the criminal equivalent.
Third, I will physically assualt you and remove you from the premises, of which, by agreement and law, I am in FULL LEGAL POSSESSION, and of which you have absolutely NO right to entre, under the conditions you describe.
I have the right to BODILY remove you.
I will also bring Suit, for any and all inconvenience, and damages, which your illegal entry has wrought. The suit will include damges for any and all damaged and MISSING property, which I will prove by way of receipts and pictures, taken prior to occupation, during occupation, and after your illegal entry.
You will not only be in jail, facing criminal charges, but also a sht storm of civil damages. YOU will need to come up with bail money and legal fees, immediately!
My legal fees will eventually be paid by YOU, in the form of renumeration in regard to the criminal offense, and/or as part of the civil damages awarded (tenant legal fess are always awarded in such cases).
All, because you erroneouly choose to play LORD of the Land!
****
Btw, to any little guy out their finding himself in a predicatment compelling forced entre into your tenant's premises: CALL THE POLICE!
Call prior to entering, insure that the police are present upon entering, and allow you to enter. DOCUMENT the entry. Take pictures immediately of any damaged done by your entry, of the condition of the tenant's belongings, document what belongings exist on premises, as well as the damage, flood or whatever compelled your unconsented entry.
I strongly suggest, PRIOR to calling the police, CALL your Landlord Tenant attorney!! Enter ONLY upon his instruction, and, again, in the presence of the Police!
Doing otherwise is to act in an amateurish, unprofessional and unknowing manner, which you VERY likely to ultimately end up *paying* for despite the rightness or wrongness of your entry.
Ignore the above at your peril. If you are going to be a LL, then be a LL. It is a **profession**, which s/n be entered into w/o the mental, professional and financial wherewithal.
The court is filled everyday with LORDS of the Land, owners of a single 2, 3 or 4 family, bought yesterday, most often containing an illegal premise. Judges *hate* LORDS of the Land abusing the law and the courts time.
Btw, just because the Police allow you to enter, such does NOT make it a *legal* entry. It simply means, that at that moment, the Officers present did not find reason to prevent your entry. Fortunately, Police Officers are not lawyers nor judges. Officers act within what they perceive to be legal, the actual legality of which will be sorted by a court.
Btw, if you are a Tenant and come upon a LL, during or after, an unconsented entry into your apartment, CALL THE POLICE, immediately, and do precisely the same as advised above, DOCUMENT, DOCUMENT, DOCUMENT! Insure that the police document and report what they find and observe!!
Also, do not get into anything physical!! You may wind up in Jail. That is what the police are for.
You are free to list the apartment for sale, subject to the completion of the lease, but since you cannot show it, is it an apartment that would be purchased by an investor. And, since it cannot be shown and has a current tenant, the pricing would be discounted from market to attract a buyer.
My SIL has a rental property of which she wishes to divest and has a broker and pricing waiting in the wings, i.e., everything is signed and the listing will go active on the 1st of the month after lease expiration. The tenants have indicated that they are moving early, so when they vacate, she will pro-rate the rent when she receives the keys. They didn't ask her to do that, but they have been stellar tenants and it gives her two weeks to get the painters and stagers into the property.
If you want your tenant to accommodate you, you may have to come to an agreement with them to their benefit to allow a prospective purchaser into the unit. And, if they refuse to come to an agreement, all you can do is wait out the lease as mentioned above. It is not an emergency situation to show the property, and you can assess conditions at the end of the lease if you do not want to discount the sales price. If you want market pricing, get everyone in place: broker, painter, handy person for minor repairs, etc.
A qualified broker can estimate market value from a floor plan and your descriptions of the original unit appointments, for a standard unit of type and size in a particular building. You can finalize the price with a broker walk through immediately upon receipt of the keys from the tenant. A good broker may also have willing purchasers that he/she can refer to the property as it will soon be on the market. That's the approach that I would recommend when dealing with a tenant who does not want the disruption of their enjoyment of the premises for which they pay rent.
__________________
All the world's a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages.
~William Shakespeare (As You Like It Act II, Scene VII)
Jcoltrane..you are nuts and every lease has a provision that you must allow reasonable access to show the apt if it is being sold, or the lease expires within 30 days and you are not renewing, or for general maintenance and repairs. If you "refuse to sign any lease with these provisions", you will not be signing any leases anywhere.
First, I would not sign a lease allowing you access outside of what is required by law.
I've lived in apartments in all corners of the country and have never once seen a lease with did not address the owner's ability to show the apartment to future prospective tenants. The usual stipulation is that it can be shown at "reasonable" hours with 24 or 48 hours notice, and I have the right to be there.
Quote:
Second, if you enter my apartment, as you described, I will have you arrested for breaking and entering, or whatever is the criminal equivalent.
Third, I will physically assualt you and remove you from the premises, of which, by agreement and law, I am in FULL LEGAL POSSESSION, and of which you have absolutely NO right to entre, under the conditions you describe.
I have the right to BODILY remove you.
I will also bring Suit, for any and all inconvenience, and damages, which your illegal entry has wrought. The suit will include damges for any and all damaged and MISSING property, which I will prove by way of receipts and pictures, taken prior to occupation, during occupation, and after your illegal entry.
You will not only be in jail, facing criminal charges, but also a sht storm of civil damages. YOU will need to come up with bail money and legal fees, immediately!
My legal fees will eventually be paid by YOU, in the form of renumeration in regard to the criminal offense, and/or as part of the civil damages awarded (tenant legal fess are always awarded in such cases).
All, because you erroneouly choose to play LORD of the Land!
I too do not beleive the tenant has to let the LL show the apt. When the tenants move, then the LL can show it. When it is vacant.
This is not a house, it is an apartment.
If I rented, I would not be letting the LL show my apt while I am living there, I dont have to, that isnt my problem. I dont want strangers in my apartment looking at my personal belongings.
Our LL lets the tenants move, re paints and fixes and updates what ever is necessary, the next month, people move in. he never makes any of the tenants have to show the apt. simple, and no aggravation for either the LL or the tenant.
why give yourself a headache.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
