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.
I'm a landlord in New York state, and I have a tenant who refuses to take possession of an apartment and I'm not sure what course of action to take. Here's the story:
Due to previous bad tenants, I ended up with a filthy, damaged apartment that needed a significant amount of work. I listed the apartment on Craigslist and found a young woman who wanted the apartment for September 1. My property manager and I told her the work that we planned to do before that date, including painting rooms, putting down new tile in the bedroom, replacing the toilet and replacing the bathroom floor, and a thorough cleaning of the entire apartment. She signed a simple, straightforward lease on August 10th and said that she looked forward to seeing the apartment in its finished state. My property manager gave her the keys at that time. After that, she began calling my property manager on practically a daily basis, asking how things were going and asking to come in and take video of the place (while it was still under construction). She also started making demands to do things like put her property in the basement and her car in the garage, neither of which were areas available to her or specified in the lease. On August 24th, she sent me an email saying she was concerned that the apartment would not be ready, and started claiming that we had promised her things like a new sink and new stove, which we hadn't. I assured her the apartment would be ready and made clear that we had promised her no such thing. On August 31st, she asked my property manager if she could access the apartment to let the cable guy in. He told her she could. Meanwhile, there was still work to be done and the apartment had not yet been cleaned. She called me and said she wanted her money back and then came over that afternoon with her mother and demanded the same thing. I assured her that the apartment would be ready by the next day and told her she signed a lease that I would not return her money. The apartment was completely ready and cleaned by midnight of the Sept. 1, just as we told her it would. She emailed me in the morning to say that because I had breached the contract, she would not be taking possession of the property and would be filing a claim against me. But she couldn't point to anything that I had breached other than her claims that I had promised her a new sink and that she had wanted the floors sanded and polyurethaned rather than painted (they were already painted when she first saw them).
So, I've never been through this before and I don't know what action to take. Do I file eviction papers against her as an "undesirable tenant?" Do I wait for a suit and then counter-sue her for breach of contract? Can I start showing the apartment immediately or will that be an indication that I've let her out of her lease? I would really appreciate any advice anyone has on this topic. Thank you.
found a young woman who wanted the apartment for September 1.
She signed a simple, straightforward lease on August 10th
On August 24th, she sent me an email saying she was concerned that the apartment would not be ready,
On August 31st... there was still work to be done and the apartment had not yet been cleaned.
said she wanted her money back
came over that afternoon with her mother and demanded the same thing.
---
...ready and cleaned by midnight of the Sept. 1,
I've never been through this before and I don't know what action to take. Thank you.
Give her the deposit back, learn from the experience, and move on.
---
Want more detail why? OK:
As the property owner and presumably the more responsible party in the transaction the onus is on YOU...
use the Vince Lombardi standard about being on time the same as you will want applied when rent is due:
There's no such thing as being on time... you're either early or you're late.-VL
You had 3 weeks to get the work done and fell short.
In the future don't rent trashed unit's until AFTER they have been cleaned out and made ready.
(advance renting a unit in good shape is a different matter)
Give her the deposit back, learn from the experience, and move on.
---
Want more detail why? OK:
As the property owner and presumably the more responsible party in the transaction the onus is on YOU...
use the Vince Lombardi standard about being on time the same as you will want applied when rent is due:
There's no such thing as being on time... you're either early or you're late.-VL
You had 3 weeks to get the work done and fell short.
In the future don't rent trashed unit's until AFTER they have been cleaned out and made ready.
(advance renting a unit in good shape is a different matter)
hth
I think you may have misread something. The apartment was 100 percent ready on the first of the month, exactly when we told her it would be. When she showed up with her mother on the 31st, there were still some things to be done, but it was all done by midnight. The apartment is in fine shape.
I'm not sure of the laws in New York state but in many states once a tenant has signed a lease, they are liable for rent for the entire lease period.
If she signed a lease, has the keys, and stored property on the premises, had cable installed etc prior to the start of the lease then she has taken possession and would need to break the lease in writing. Nothing is stopping her from moving in irrespective of her showing up with her mommy or calling you on the phone. If she wants out, get it in writing, make sure she gets her stuff out and change the locks. Keep whatever portion of the security deposit the law allows and get a new tenant.
It's usually a bad idea to grant a tenant access to a unit prior to the start of a lease by giving them the keys. I've done it myself a couple of times to be "nice" and it's sometimes resulted in minor problems.
no... it wasn't.
using the dates and phrasing you provided and the "usual and customary" expectations: "midnight of the Sept. 1" = late
Give her the money back.
The judge will give her even more...
but maybe you need to learn that lesson too.
How is that late? That's when her lease started. At midnight of the first of the month. That's when they usually start. If there had been a tenant living there, that's when they would have moved out by. If you sign a lease for the first, you can't expect to move in on the 31st!
I'm not sure of the laws in New York state but in many states once a tenant has signed a lease, they are liable for rent for the entire lease period.
If she signed a lease, has the keys, and stored property on the premises, had cable installed etc prior to the start of the lease then she has taken possession and would need to break the lease in writing. Nothing is stopping her from moving in irrespective of her showing up with her mommy or calling you on the phone. If she wants out, get it in writing, make sure she gets her stuff out and change the locks. Keep whatever portion of the security deposit the law allows and get a new tenant.
It's usually a bad idea to grant a tenant access to a unit prior to the start of a lease by giving them the keys. I've done it myself a couple of times to be "nice" and it's sometimes resulted in minor problems.
She never moved her stuff in and says she will not sign anything. She's going straight to court. She's completely irrational. And yeah, I agree that it was a bad idea for my property manager to let her in early. I wouldn't have done it.
So you think I can start showing the apartment? Should I file something against her? I need to know what to do legally?
I'm not clear from your post whether any of her belongings are on the premises. Was cable installed etc?
If nothing was moved in then you might be able to reclaim the unit as having been abandoned.
As far as her suing you - meh. If the place was ready at 12:01 AM on Sep 1 according to the terms of the lease then she is no the hook.
I am not an attorney and do not know the laws of NY State. I suspect that she is liable for rental monies for the entire lease period but you also have a duty to find a new tenant ASAP. So the best way out is to retain a portion of the security deposit to cover your losses and re-rent it.
The only thing that would worry me is that if she is a squirrel cage she may show up out of nowhere and demand possession in a few weeks since she has a lease and noting in writing to the contrary.
I'm a landlord in New York state, and I have a tenant who refuses to take possession of an apartment and I'm not sure what course of action to take. Here's the story:
Due to previous bad tenants, I ended up with a filthy, damaged apartment that needed a significant amount of work. I listed the apartment on Craigslist and found a young woman who wanted the apartment for September 1. My property manager and I told her the work that we planned to do before that date, including painting rooms, putting down new tile in the bedroom, replacing the toilet and replacing the bathroom floor, and a thorough cleaning of the entire apartment. She signed a simple, straightforward lease on August 10th and said that she looked forward to seeing the apartment in its finished state. My property manager gave her the keys at that time. After that, she began calling my property manager on practically a daily basis, asking how things were going and asking to come in and take video of the place (while it was still under construction). She also started making demands to do things like put her property in the basement and her car in the garage, neither of which were areas available to her or specified in the lease. On August 24th, she sent me an email saying she was concerned that the apartment would not be ready, and started claiming that we had promised her things like a new sink and new stove, which we hadn't. I assured her the apartment would be ready and made clear that we had promised her no such thing. On August 31st, she asked my property manager if she could access the apartment to let the cable guy in. He told her she could. Meanwhile, there was still work to be done and the apartment had not yet been cleaned. She called me and said she wanted her money back and then came over that afternoon with her mother and demanded the same thing. I assured her that the apartment would be ready by the next day and told her she signed a lease that I would not return her money. The apartment was completely ready and cleaned by midnight of the Sept. 1, just as we told her it would. She emailed me in the morning to say that because I had breached the contract, she would not be taking possession of the property and would be filing a claim against me. But she couldn't point to anything that I had breached other than her claims that I had promised her a new sink and that she had wanted the floors sanded and polyurethaned rather than painted (they were already painted when she first saw them).
So, I've never been through this before and I don't know what action to take. Do I file eviction papers against her as an "undesirable tenant?" Do I wait for a suit and then counter-sue her for breach of contract? Can I start showing the apartment immediately or will that be an indication that I've let her out of her lease? I would really appreciate any advice anyone has on this topic. Thank you.
Exactly what money do you have of hers(first months rent, deposit) etc, and when exactly was the apartment ready, time and date.
You may be better off getting rid of her asap, even if you lose half the deposit to make her go away. She seems pretty crazy from the get go, I can only imagine what dealing with her as a tenant would be like.
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.
