Tenant braking a lease? Brooklyn NYC

[Marcel Itzik]

Hi I have 10 units and its the first time I have to deal with problematic renters:

here is the details.

its a couple with a child, They did not sign a lease on purpose when I sent it in September but they started to pay the increase as the lease stated.

They contacted me on the night of December 2 and says they are leaving on January first.

Now if they were cool they will give me a longer notice as I don't mind that they are moving. But few problems that I saw all ready

the apartment was redone when they moved in 4 years ago.

- 2 kitchen cabinets are completely destroyed and maybe more

- tons of holes in the walls and child drawing on the wall

- mold in the silicone of the bathroom and the kitchen from neglect.

probably there is more issues but thats what I saw when I showed the apartment.

I found a new tenants but they will start paying on December 10th. 

I would like this two rude adults to pay for the demages and the 10 days in January.

Anyone know what can I do with NYC laws?

I hearing that its all in the favor of the tenants really its the first time I will have to charge someone for issues like that.

[Andrew B.]

Your old lease converted to month to month when it expired. You should know your state laws. If mtm tenants only need to give 30 days notice, it sounds like they did that. In that case, you need to let them go. If they needed 60 days notice, you can bill them for the ten days.

For damages, take possession and get the unit rent ready ASAP. Save all receipts and invoices. You’ll calculate the useful life of anything broken and bill tenants for the remaining life. This should be standard operating procedure.

Sounds like you need a lawyer as NYC laws are overly tenant friendly.