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Hi, everyone. I currently own a two family house in Queens. About two months ago, a family moved in. Before moving in, we had told them that no pets allowed, and they agree. They said they have 5 people(husband, his mother, wife and 2 children ). They paid one-month rent and one month deposit.
In about a month, things started to get odd. The husband's father moved in and there's no sign of the wife. And they have taken in a HUGE dog, and it just runs 24/7 in their apartment.
And when I went to collect the second month rent, he threaten me that they would move out if I do not let them keep the dog. No rent on that day. Then, a day later, he said his wife has the money and she's in California, and would be back in 3 days. 3 days passed, he said his wife's flight has delayed, and would need 3 more days. Another 3 days passed, and he called me in the middle of the day and said we need to talk at that night. This time, he said his wife has left him and is not coming back. No rent AGAIN. Then I waited for 4 days, he handed in about half of the rent.
He said he would need the legal paper from his wife to arrive in order to get the rest of the rent out of the bank. And until last Sunday, 4 days had gone, and we couldn't wait any longer and felt very angry since he has been avoiding our texts and calls. We went there and demanded the rent, and he started to make complains about the apartment and said he would move out in this 18th and give me a call that night.
Guess what, no phone call so far and there is no sign of them moving. We are on month-to-month. And I am worried. Any suggestion?
P.S. they have removed the window guard in the living room and damaged roof stairway(there's also a huge hole on the wall there).
They haven't paid the rent! What other consideration is there to worry about?
No rent should equal 30 day notice.
As the tenancy is month to month, you can evict simply because you choose to; or, you can evict for non-payment.
I would simply not renew the tenancy, and begin with a 30 day notice. If the don't get out, then petition the court for a warrant. You can do it yourself or hire a landlord tenant attorney. The cost s/b minimaal, as the case is very simple and standard.
The tenant will scream for the return of the deposit.
If the tenant is willing to vacate w/o having to go to court, but refuses unless you return the security, then do so. The most important focus is to get the tenant out! If you can, do it w/o returning the deposit.
Later you can sue the tenant in small claims court for any rent owed, as well as any damage to the apartment. Be sure to document the condition of the apartment upon moveout. Hopefully, you documented the condition upon move in!
One more thing, I called conedison today to check on their utility bill. I was just curious to see if they have paid the bill. And conedison said that they have NEVER paid utility bill and they owe them about 200 dollars including the late fee. And their service will be shut off this 17th. The bill is on their name. If they really moved out and left the unpaid bill, am I responsible for it then? Things are getting so messy
I think since the bill is in their name, they are responsible not you. The bill goes on to become their debt, so that's the good part. At least that's how it works with phones. I know if a previous tennant left a huge phone bill, it goes on their record and becomes their debt, not the homeowner or new tennants. Who's ever name is on the bill is the one responsible.
Sounds like you made a bad choice in selecting this tenant. May I ask the process you used to find and choose this tenant? Was it thru a friend or posting? Did you do background/credit checks, and verify income via paystubs/bankstatements?
I think since the bill is in their name, they are responsible not you. The bill goes on to become their debt, so that's the good part. At least that's how it works with phones. I know if a previous tennant left a huge phone bill, it goes on their record and becomes their debt, not the homeowner or new tennants. Who's ever name is on the bill is the one responsible.
Correct. I called utility company regarding this because we have bad tenants.
Fortunately tenants are month to month and utility bills are in their name. However, eviction will still take 6-12 months and you may not be able to collect back rent and damages if they do not have money or jobs. For a one or two family house, you may not need to install window guards. The eviction is long, stressful and costly. Good luck.
Sounds like you made a bad choice in selecting this tenant. May I ask the process you used to find and choose this tenant? Was it thru a friend or posting? Did you do background/credit checks, and verify income via paystubs/bankstatements?
They were introduced by the real estate. The first time they came, they had already brought their documents(social security, paychecks from their job). That's why we didn't do any background/credit checks on them. And they pay everything in cash.
That's a relief on the utility bill, thanks for checking for me.
But if the eviction really takes that long, I am going to lose a lot of money and I may not be able to pay my mortgage.
New York City law is over-protecting tenants, and there are a lot of unreasonable tenants out there. When this kind of stuff happens, landlord can't do anything but wait and beg them to leave. This is just insane.
I would recommend not using RE companies to find tenants. They typically do the minimum, and don't care anything for you or the tenants..they just want to close the deal. They will send you anyone that meets the minimum requirements...which doesn't necessarily mean they are a good fit for the building or the kind of people you want in your home.
You should take a more active role in interviewing and selecting tenants, don't let anyone make that choice for you.
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