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Old 05-18-2015, 01:38 PM
 
8 posts, read 4,950 times
Reputation: 10

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Hi All,

I am not asking legal advice, just some input and opinion from more seasoned landlords than myself.

I have a month-to-month tenant that has a bit of a SA problem and started trashing the house during his binges. He also interfered with my contractors and stalled them on a project. Since I'm absentee and can't be a babysitter, I decided to give him his 30-day notice (he's an all around poor tenant anyway, this was just the straw that broke the camel's back).

The day I served his notice, he proposed buying the house. I said that I might entertain the right kind of offer, and never heard anything back. There has been no written or verbal offer, however, for the past week he insists that he "wants to buy the house" and will "put together an offer soon." Yet it remains that I have no offer to consider, so I did not respond. Both he and his father (WASPy helicopter parent type) then started tag-teaming me with e-mails and texts, baiting me with niceties such as "why are you refusing our offer," and "you need to tell us what you're doing with the property." Of course I am under no such obligation to discuss anything with them--the notice has been served. I receive about five of these every single day. There are two weeks left on his notice period.

I initially responded with a polite reminder that the notice was served. The messages continued. I feel that now it is borderline harassment, and a clear indication that he intends to holdover.

What is the best way to deal with this? Respond with guns ablaze, cease and desist, contact my attorney and lay out everything? Another simple, curt letter reminding him of the termination date? Or no response at all, since, after all, I do not owe them anything at this point?

I notice that HilltopJay was a regular in this forum and had some really good insight on managing rentals in tougher markets.

Any and all insight is much appreciated.
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Old 05-18-2015, 04:13 PM
 
1,424 posts, read 1,628,302 times
Reputation: 2229
Quote:
Originally Posted by littlemy View Post
Hi All,

I am not asking legal advice, just some input and opinion from more seasoned landlords than myself.

I have a month-to-month tenant that has a bit of a SA problem and started trashing the house during his binges. He also interfered with my contractors and stalled them on a project. Since I'm absentee and can't be a babysitter, I decided to give him his 30-day notice (he's an all around poor tenant anyway, this was just the straw that broke the camel's back).

The day I served his notice, he proposed buying the house. I said that I might entertain the right kind of offer, and never heard anything back. There has been no written or verbal offer, however, for the past week he insists that he "wants to buy the house" and will "put together an offer soon." Yet it remains that I have no offer to consider, so I did not respond. Both he and his father (WASPy helicopter parent type) then started tag-teaming me with e-mails and texts, baiting me with niceties such as "why are you refusing our offer," and "you need to tell us what you're doing with the property." Of course I am under no such obligation to discuss anything with them--the notice has been served. I receive about five of these every single day. There are two weeks left on his notice period.

I initially responded with a polite reminder that the notice was served. The messages continued. I feel that now it is borderline harassment, and a clear indication that he intends to holdover.

What is the best way to deal with this? Respond with guns ablaze, cease and desist, contact my attorney and lay out everything? Another simple, curt letter reminding him of the termination date? Or no response at all, since, after all, I do not owe them anything at this point?

I notice that HilltopJay was a regular in this forum and had some really good insight on managing rentals in tougher markets.

Any and all insight is much appreciated.
Word on the street is that HilltopJay got arrested for missed child support payments to his baby mama in Brownsville and is doing 2-3 years at Rikers...on top of housing discrimination charges

I think he has a gofundme page somewhere..
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Old 05-18-2015, 05:30 PM
 
8 posts, read 4,950 times
Reputation: 10
Lol. Well I'm happy to take advice from any other source with rental experience.
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Old 05-18-2015, 05:48 PM
 
2,073 posts, read 3,676,774 times
Reputation: 2498
This hasn't happened to me but your attorney will know exactly what to do. Was the notice sent via certified mail?
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Old 05-18-2015, 06:27 PM
 
8 posts, read 4,950 times
Reputation: 10
Yes it was.
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Old 05-18-2015, 06:57 PM
 
2,336 posts, read 3,323,341 times
Reputation: 1864
There are a few landlords on here. Thankfully my tenants are a dream (knock on wood). I think Above Average Bear has a current tenant issue though.
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Old 05-18-2015, 08:15 PM
 
Location: Gods country
5,324 posts, read 4,004,269 times
Reputation: 7366
Quote:
Originally Posted by littlemy View Post
Hi All,

I am not asking legal advice, just some input and opinion from more seasoned landlords than myself.

I have a month-to-month tenant that has a bit of a SA problem and started trashing the house during his binges. He also interfered with my contractors and stalled them on a project. Since I'm absentee and can't be a babysitter, I decided to give him his 30-day notice (he's an all around poor tenant anyway, this was just the straw that broke the camel's back).

The day I served his notice, he proposed buying the house. I said that I might entertain the right kind of offer, and never heard anything back. There has been no written or verbal offer, however, for the past week he insists that he "wants to buy the house" and will "put together an offer soon." Yet it remains that I have no offer to consider, so I did not respond. Both he and his father (WASPy helicopter parent type) then started tag-teaming me with e-mails and texts, baiting me with niceties such as "why are you refusing our offer," and "you need to tell us what you're doing with the property." Of course I am under no such obligation to discuss anything with them--the notice has been served. I receive about five of these every single day. There are two weeks left on his notice period.

I initially responded with a polite reminder that the notice was served. The messages continued. I feel that now it is borderline harassment, and a clear indication that he intends to holdover.

What is the best way to deal with this? Respond with guns ablaze, cease and desist, contact my attorney and lay out everything? Another simple, curt letter reminding him of the termination date? Or no response at all, since, after all, I do not owe them anything at this point?

I notice that HilltopJay was a regular in this forum and had some really good insight on managing rentals in tougher markets.

Any and all insight is much appreciated.
Stay on good terms with the tenant, to try to keep him from trashing your place anymore. Document everything that this tenant is doing, saying, writing, for court. Make sure that you have a good attorney. If you have anymore questions I would be glad to share my tale of woe with you. BTW Hilltopjay was banned a while back, so you won't be hearing from him. Good luck, you will need it in L and T court.
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Old 05-18-2015, 09:15 PM
 
1,975 posts, read 1,234,875 times
Reputation: 1182
See link below for basic guide on housing court for evicting tenants. I would look to speak with lawyer as soon as possible as to not delay the process any further, given the process is already slow enough from all the bureaucracy involved in evicting a tenant. Keep in mind you can still negotiate and resolve your issues with tenant while going through housing court, you just need to file as to not delay the process (otherwise the tenant has the leverage of knowing you are not really serious about evicting them).

http://nycourts.gov/courts/nyc/housi...ordbooklet.pdf
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Old 05-18-2015, 09:20 PM
 
Location: Gods country
5,324 posts, read 4,004,269 times
Reputation: 7366
Also, how did you serve your tenant with the 30 day notice?
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Old 05-19-2015, 01:18 AM
 
8 posts, read 4,950 times
Reputation: 10
Certified mail, email, and hand delivery to his house. I also copied his dad so T would be accountable.

I'm not so concerned about the holdover proceeding or court, just want to figure out how much additional courtesy I should extend to these people and whether engaging them will make my life any easier or if it just opens the door to more BS.

Please share your tenant horror stories. Misery loves company.
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