Tenant Terrorizes Innocent Landlord, Landlord Seeks Advice on BP!

[Amy Zemser]

Hi Friends! I sure could use a piece of smart advice right now. I have a rather nuanced problem. 

Our home is a two-family, and we have a beautiful one-bedroom apartment at the side, where we have rented to a timely payer for about five years. The utilities are not separated; all utilities are included in the rent, so heat, hot water, electricity, everything -- we pay.  I accepted her tenancy years ago because she is a working professional, a single woman, and I knew she would be clean and would pay the rent on time. I checked her references. I acknowledged my own inner flags, too. I could tell she was going to be extremely anxious and uptight, but I figured I'd take a chance since the previous tenants spent their free time whacking off the faucets with baseball bats. 

The tenant adopted a little baby boy, and this is when her typical small complaints (Janet: There's no hot water! Me: You have to let the water run for more than two seconds.) started to grow. She started to complain about every little small thing, and to do so rather impolitely. 

Our house is an old Victorian, and the boiler has to strain to heat up her apartment as fast as she would like it. We go through this every year, but she often calls many times each winter to say that it's not getting to 68 degrees, it's only holding at 62, 63, 64. We always remind her to wait a little, and the heat will get there. This year, she purchased a space heater and deducted it from the rent. 

Fine. I didn't argue. But apparently this week, enraged that the heat was only at 66 and wasn't climbing to 68 fast enough for her and her baby, she called the Department of Health in our county to lodge an official complaint. I got a call, and had to explain to a stranger that yes, this is an old home, and yes, it takes a bit for the boiler to reach the apartment. No, I'm not slummy, and yes, we are in the process of looking into a new boiler, but sometimes the heat is a little slow to rise to temp. 

She's been difficult for a long time, potentially litigious, and we are tired. The apartment is rented at way below market value, and there is no reason to continue with a tenant that would go so far as to make a call and involve third parties. Frankly, I think it was a stupid move on her part. She must have known it would only alienate us. 

She does not have a paper lease anymore, though she did the first year. We agreed to an oral month-to-month lease, and according to my attorney, I am allowed to give her thirty days notice, which I did. She promptly responded that New York allows for ninety days notice if a tenant has been in the property for over two years. "I won't leave before ninety days," she told me flatly, on the phone. "You can evict me if you want to." 

I can't have a litigious tenant in our home any more. I'd like her out. Does anyone know what the law in New York really says? I have an attorney, but I think it would be unpleasant (and expensive) to begin legal proceedings before I talked to you, my Bigger Pockets gurus, first hand. 

I'm not interested in knock-down fight. I just don't want her on this property for any more than the law allows. If she continues through ninety days, this is ample opportunity for her to nitpick continuously, torturing us for week after week. 

Thank you for your help. All best. 

[Jill F.]

What ever you do, don't retaliate. Take this opportunity to add separate electric meter and wiring for your unit. In that situation, I'd run it by my lawyer but I'd be surprised if it didn't fly. I'd send the following letter:

Great NEWS! we'll be upgrading the HVAC system in your apartment to a new super efficient ductless mini split system! This new system will also include air conditioning! In order to support the new system, electricians will be onsite on mm/dd/yyyy to install a new electric meter, and electric panel . As a result of these changes, effective on xxxx you'll be responsible for your own electric bill. Please sign and return the new lease by nnm/dd/yyyy.

the new DIY ductless mini-splits that come pre-charged are under 1k now and they are super efficient.

This way at least you'll have that taken care of while you have someone there paying rent. She'll hardly be able to go back to the building inspector to complain about how you installed a brand new super efficient heat/air system.