Can’t remove tenant NYS

[John Gach]

So I live in Buffalo New York. My rental property I purchased in august last year, it’s my first one, it came with this low income tenant that was getting social services and a housing agency to pay his rent.

The rental is a 4 unit but he is the only one living in it since I’ve owned it because it needs renovations. Anyways, planned to remove him eventually but didn’t want it to be completely vacant and wanted to not pay the gas for his unit since it was winter time last year. He lost half the rent in December 2018. I didn’t want to be a grinch and gave him time and also didn’t want it to be a completely vacant building.

Long story short, sent notice of eviction due to construction/renovations because I didn’t want him to come to court with the rent due and end of paying it and staying..... well covid happened can’t get rid of him. And I’m sure you know the evictions have been postponed again til may.

Is there anything at all I can do?

Courts are closed I’ve been told not sure if that recently changed. My lawyer said turn off the water and say I can’t pay the bill as I have no money coming in, the tenant owes me probably 7k

If the tenant took me to court which would be a long time from now potentially, I counter sue for the rent due

[Matthew Irish-Jones]

@John Gach  I am pretty shocked to hear your lawyer advised you to have the utilities turned off due to non-rent payment.  That is not good advice and could get you in a lot of trouble.  Hopefully he will give you a discount on his services when you are sued. 

You can offer to wipe the tenants back balance clean, and pay his moving expenses and down payment on his next apartment in a cash for keys deal.  

Not to throw salt in a wound here but, it sounds as if there was a lot of mismanagement.  Why would you ever let a tenant short pay?  Why did they lose their assistance voucher?  Have they applied for Covid relief?  Have you applied for mortgage relief?

You don't have many good options until the eviction ban is lifted.  You could fill the vacant unit to get some income.