Non renewal - move out

[Eric Hrlbock]

Hi all,

So I served my only tenant who has ever been late w non renewal papers . 

Throughout this year they have been late on multiply occasions and I had to serve them many times to pay or quit. The last two times we served him , the guy had white powder in his nose when answering the door. They always ended up paying but after many stories and excuses.  

There is only a couple days left on the lease and I sent a move out letter asking them to set a pre move out inspection and all the things they need to do to get there 2 month security back.  Then I texted them what day works best for inspection.  No response 

I asked them one time to show the place a couple of weeks ago and it stunk like smoke inside.

I am concerned that they might not leave come the first. 

I do have 2 months security but we are in New York and also it was a fully renovated place.  

I contacted my lawyer, he said come the first they can start legal paperwork.

Any thought or advise.

[Marcia Maynard]

Follow the advice of your attorney. Document all encounters and communications you've had with this tenant.

If I have a troublesome tenant, I always want to get a look inside the unit. At least to document the current state of things. But also to identify lease violations before they mushroom into something worse.  We do this by serving a "Notice to Enter" for a maintenance inspection. We charge for damages as we discover them. If we waited until the end of tenancy we would discover that the security deposit wouldn't be enough.  Swift enforcement of the lease agreement often results in tenants coming into compliance. Also, if the tenant has been avoiding me, this almost always results in an opportunity for a face-to-face conversation, as most are keen on being present for inspections.

Your situation is different though because you already communicated your intent to end the tenancy. At this point, the tenant may have little incentive to pay you rent, pay for damages, cooperate, and/or leave the place clean and without further damage. He might decide to dig in and refuse to vacate at all. Following proper legal procedure is imperative.  Also protect yourself and don't go it alone. Desperate people do desperate things, especially when drugs are involved.

Be safe and good luck!