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!

[Anna M.]

Not to scare you, but I did share a post here of a tenant that literally hacked his landlord when she went to address something with him after she had already indicated eviction proceedings.The landlord ended up in ICU and I did not follow the story enough to know if she lived.The article indicated that even if she lived, she would be left with major brain damage.Once eviction papers are served or termination of tenancy communicated, I would be very careful about going around said tenant as emotions are high and worse where drugs/alcohol is involved.I would for the most part keep away and handle this per the advise of your attorney.Did an eviction once of inherited tenants that a year and a half later, continued to challenge my policies and damage the unit, and it was tough, but seems that eviction (at least once especially with inherited tenants) is just the rite of passage most landlords have to go through.Not saying you will, but as @Marcia Maynard says, please be safe.

[Deanna McCormick]

Check property on the 1st if keys aren't turned in, their isn't much you can do until they don't vacate.. 

Then file immediately for eviction, you don't give a pay or quit, they are in breach of lease as notice was given and they have not left. That is your cause.

Download your state landlord tenant laws. 

[Eric Hrlbock]

Thanks guys. I just got a text from the guy, he texted me from a new number and said he shut down his other phone.  I will hope for the best if not eviction begins. 

[Matt Caven]

It's best to let the lawyer see the termination notice that you sent. If the notice or service is defective, they may have to serve it again, which will delay the process. You need to do that asap as it's now the 27th and it needs to be served before the 1st. If you need a good eviction attorney, let me know.

[Eric Hrlbock]

Sure a good eviction attorney would be great. 

[Eric Hrlbock]

@Matt Caven a good eviction lawyer would be great. Thanks

[Ali L.]

You mentioned you sent a letter. Did you attorney confirm that that qualifies as proper service? I would recommend using process server. Also ask ur attorney if you do need to serve properly if the clock restarts. That is, if you serve today, you must give 30 days (Dec 29) as move out date. Hopefully they r as irresponsible w the holdover notice and don't "answer" and you get a default judgment and warrant to evict quickly! Also can provide server and attorney referral, if needed.

[Eric Hrlbock]

I mis spoke I sent a certified letter,60 days. I did have them served 3  other times for pay or quit. And after each time they were served got paid with In minutes.  He has texted me this afternoon that he is ready for inspection either tonight or tomorrow morning. He says he needs the deposit for rental truck and storage. The story had changed throughout the day. The more texts from him the crazier his story. Oh well hope it's over soon.   Thanks everyone for feedback advise and contacts.   

[Ali L.]

Certified letter does not fulfill NYC proper service requirement. If he actually moves, you're fine. If not, I think you'll have to serve the 30 days notice. I would advise you do the inspection and keys return when tenant has completed vacated. I promise a money order on the spot to encourage smooth move out. I find a reason to discreetly look at condition before move out so I know how much security will be refunded. 

[Ali L.]

NYC Civil Court has a guide for landlords on their website. Check it out. Non payment and holdover cases have different guidelines. 

[Eric Hrlbock]

so I dodged a bullet,

He left last night. The place isnt destoyed but isn't perfect.  I am glad to have them gone.  

I always prided myself on my screening but this helps to ground me and remind me that this is a business and even more it a business that deals w people and people are what they are. 

Thanks for all the advise