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Old 10-28-2010, 12:45 PM
 
3,939 posts, read 8,945,034 times
Reputation: 1516

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Quote:
Originally Posted by kacike View Post
I would tend to agree with Gpsma on your previous statement. What happens if you just turn the heat off, turn the water off, turn the electricity off. Don't landlords have the "tools" to force some dirtbag tenant out.
That is constructive eviction (I went through it) and the LL could be sued for an illegal eviction. Dirtbag tenants or not, it is a dirtbag thing to do to turn off water. Why stoop down to that level.
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Old 10-28-2010, 01:12 PM
GPC
 
1,308 posts, read 3,398,036 times
Reputation: 1050
I'm so sorry you're going through this garbage. It's stuff like this that would prevent me from ever being a landlord. I know you feel like taking their belongings and tossing them to the curb (I sure as hell would too) but be careful - research the appropriate way to get rid of them and their junk so as to protect yourself as much as possible. Good luck to you.
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Old 10-28-2010, 01:39 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,193,220 times
Reputation: 7337
Quote:
Originally Posted by 1pissedlandlord View Post
For 6+ months, this deadbeat has been leaching our home without a care in the world. Her debt to us ranges in the ten thousands. Nonetheless, we took the appropriate legal proceedings and finally got a notice for the sheriff to get her ass out in ten days.

The only problem was this:

MOVER REQUIREMENTS: Moving company must be licensed, you must provide the DOT # of the mover, and attach a copy of the movers certificate of insurance.

Mover must appear at the site of the scheduled eviction on time and with the proper equipment (minimum 4 men, boxes etc) or the eviction will be cancelled.

And this:

STORAGE REQUIREMENTS: The storage facility must be located in Nassau County. It must be a commercial facility. A self-storage or a residential location is not acceptable.

We're supposed to accept this bs? To pay to move AND store this scumbag's belongings and let her comfortably search for other law-biding homeowners to screw over for thirty days?

I read in several other threads that paying for storage isn't necessary on the landlord's part, and supposedly there's some fineprint I haven't read. That technically, I'm just supposed to sit back and let the sheriff do his thing and leave her stuff at the curb. But I'm not completely sure how valid this is.


EDIT: If there's no way around paying for her lodging, I'd appreciate if you guys can recommend the cheapest "commercial" storage facilities that remain within these guidelines.
Is this "moving and storage requirements" thing something new? I never heard of the landlord still being responsible for the tenant (and, by extension, their belongings) WHEN THE TENANT IS FINALLY EVICTED.

My DS used to own several multi-family rental properties in Nassau and she had evicted people but I certainly don't recall any of this nonsense. What happened was, the tenant was notified in advance of what their last day was (the day the sheriff was coming) and they took all the stuff they wanted out of the apartment and left the garbage for my sister and her DH to throw out. There was no "storing and moving" as ongoing responsibilities of the LLs as far as I know. She only sold the properties a couple of years ago. I will ask her about this.
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Old 10-28-2010, 02:06 PM
 
Location: Copiague, NY
1,500 posts, read 2,791,040 times
Reputation: 2414
Here's additional thoughts from a previous thread on this very same issue.
I hope that some of this information is of assistance to you.

//www.city-data.com/forum/long-...n-process.html

Although my sympathies are entirely with you, the landlord,
your current exercise in futility really does underscore the need
to require several verifiable references BEFORE agreeing to rent to someone who you know little else about. The landlord/tenant
game is set up (as I see it) with a level of partiality toward the tenant more so, than the landlord. If I were at all an entrepreneurial
type, it seems to me that it might be a great time to start a business like "Carfax", calling it something like Tenafax or Rentassure,
a company or service, that would charge the landlord a reasonable fee to do the legwork of investigating potential tenant applicants,
their history as renters as well as other aspects which may become pertinent to a landlord's decision as to whether or not the person
seeking to rent, is a potential risk.

A casual review of the way the system appears to be inclined toward protecting the tenant, seems entirely unjust but, as is often
recommended when entering into any agreement between parties where money is a a point of issue, I see much advise that encourages
engaging a lawyer or a law firm that is both knowledgeable and effective at representing the property owner and leveling the playing field
which seems to classically uphold tenant occupancy rather than property ownership.

Last edited by LongIslandEddie; 10-28-2010 at 02:08 PM.. Reason: proofed
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Old 10-28-2010, 08:37 PM
 
4 posts, read 14,370 times
Reputation: 10
What irks me the most is she'll just do this again to the next unsuspecting tenant. If there were a way, I'd take any amount of time to make sure her reputation is tarnished. She deserves so much worse but I'd feel a lot better knowing she didn't get out of this fight unscathed.
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Old 10-28-2010, 11:51 PM
 
99 posts, read 271,862 times
Reputation: 34
Attempts to Evict by Interference with Services 27.3 When a member of the Force responds to a landlord/tenant dispute where services such as heat, electric, water, or other services, which the landlord is required by agreement, whether expressed or implied, to provide and/or pay for, and there is cause to believe that it is a willful interruption, the complainant will be directed to respond to the Precinct Crime Control Section where an investigation will be initiated. If a violation of Section 235.1 is found to have occurred, that unit will be submit a criminal summons request to the court.

Basically if you shut off utilities, your eviction is null and void and YOU will be in trouble
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Old 10-29-2010, 12:13 AM
 
929 posts, read 2,061,473 times
Reputation: 566
A lot of tenant rights laws are the result of abusive landlords. It might seem that they are highly restrictive on the landlord, and they are designed that way. But the laws are there because the landlord has an abnormally large amount of leverage on the renters. Thus, the laws, like many laws, are there to protect the rights of those that might not be able to afford such rights.

It's unfortunate when the laws are used to abuse the landlord, but I would recommend that you follow them to the letter of the law. It will benefit you in the end from averting potentially expensive legal issues. You need to be extremely careful in choosing your next renters, if you rent at all.
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Old 10-29-2010, 08:04 AM
 
244 posts, read 538,551 times
Reputation: 132
Quote:
Originally Posted by tomonlineli View Post
A lot of tenant rights laws are the result of abusive landlords. It might seem that they are highly restrictive on the landlord, and they are designed that way. But the laws are there because the landlord has an abnormally large amount of leverage on the renters. Thus, the laws, like many laws, are there to protect the rights of those that might not be able to afford such rights.
You said it before I had a chance to

Having rented most of my life, once or twice I was on the other end of this type of situation. I was not a deadbeat, I paid my rent on time, was quiet and well-behaved. But one place I was in, the landlord (or her kids because she was quite up in years), wanted me OUT in no uncertain terms.

I had to basically run out of there, because her son threatened me. I was too young to know better, but looking back at it I should have fought this illegal eviction. It was an illegal apartment, so that made it harder for me to realize that I still had rights. As soon as the son threatened me, I should have called the cops.

Turns out, I think she wanted to give her own deadbeat daughter the place, and she needed a place very quickly, so guess who lost out?

Never did get my security deposit back neither.
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Old 10-29-2010, 02:36 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 33,193,220 times
Reputation: 7337
Quote:
Originally Posted by krewat View Post
You said it before I had a chance to

Having rented most of my life, once or twice I was on the other end of this type of situation. I was not a deadbeat, I paid my rent on time, was quiet and well-behaved. But one place I was in, the landlord (or her kids because she was quite up in years), wanted me OUT in no uncertain terms.

I had to basically run out of there, because her son threatened me. I was too young to know better, but looking back at it I should have fought this illegal eviction. It was an illegal apartment, so that made it harder for me to realize that I still had rights. As soon as the son threatened me, I should have called the cops.

Turns out, I think she wanted to give her own deadbeat daughter the place, and she needed a place very quickly, so guess who lost out?

Never did get my security deposit back neither.
In terms of calling the cops over a threat, don't second guess yourself ... most of them don't wanna hear it and won't do anything. The only time I would even consider calling the cops was if someone stole something from me (valuable, not just anything small) and/or someone has actually been injured (meaning blood, guts or other injuries that can be seen). It probably wouldn't have made any difference except that they might have talked to the son if the son was around.

Well, I bet her deadbeat daughter NEVER paid any rent and caused the LL a lot of trouble.

Nowadays there is help for people who have been cheated out of their security deposit (and interest due on it) from the NYS through the Attorney General's office as part of their Consumer Frauds Bureau:

Housing Issues - The New York State Attorney General Andrew M. Cuomo

This mediation service is easier than suing the landlord in small claims court. See the link above for information and a form. Unfortunately, your claim on that landlord is probably too old, but you never know when you (or someone on C-D) might need this information.
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Old 10-29-2010, 03:04 PM
 
Location: Huntington
1,214 posts, read 3,629,609 times
Reputation: 873
Having been a landlord once to a couple of bad news tenants, here are a few of my remarks to the already-posted comments:

Watch Pacific Heights (the movie) and see what happens when utilities are shut off to try and freeze out or dehydrate a bad tenant. That ought to make a landlord think twice about using that route for an illegal eviction.

Yes, I've read where landlords are actually legally responsible for a deadbeat tenant's belongings and have to store them. Is this fair or reasonable? Of course not. Yet another example of the way bad/scamming tenants are favored over unsuspecting residential landlords. An easier landlording route to take is to rent out to businesses. An eviction is easy and fast to procure because the judge knows the renter doesn't live there. That's why it's so difficult to get an eviction for a residential renter (and impossible to get one quickly) - the judge doesn't want to take away the roof over their heads, even though the landlord is footing the illegal squatter's bill.

Regarding credit checks, background checks, etc. You can never be too careful. That being said, it's still easy to be taken in despite doing everything humanly possible to thwart unscrupulous tenants with criminal tendencies (such as what I was stuck with). Some tenants have no conscience and no morals. They will use any loophole in the law to attempt to get what they want. In my case, my tenants tried to steal my house. Long story, but it's true. You have to be on the defensive and watch your back with tenants.

An excellent tight rider is a must, but even then if you're dealing with the ubiquitous bad tenant, a tight lease won't really do you much good getting them out.

Regarding good tenants - treat them as if they were made of gold. Yes, they do exist, but I sincerely believe they're in the minority and take a lot of heat because of the deadbeat scamming variety.

Oh, and btw, I'll never ever be a landlord again. But I sure enjoy throwing in my two cents.
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