What can be done to get rid of tenants in upstate NY?

Question

I've been assuming I know all the information there is at this time in regards to evictions in NY but as time passes and the moratorium keeps getting extended I'd like to start seeking more advice on the matter.  Is there any way to evict a tenant or get them to leave currently?  Are there any petitions circulating in support of landlord rights that I can sign and help circulate?  Are there any resources available to landlords to help with lost rent or other things?

Steven Luttman · Answer

As frustrating as it may be cash for keys is the best available option. Rewarding bad behavior feels bad, but focus on your long term success over short term pain.

Oz Radiano · Answer

Here are my thoughts after having a bad tenant that took me several months to evict (and now to redo the house):

1. Have your property manager calling them to ask them to leave, door knock, and leave notes on the door. Every week.

2. While they stay at the property, expect them, and remind them that they are expected to pay rent regularly.

2. Send them a formal letter of "cash for keys", acknowledging the difficulties in moving in such a time. Offer them $ amount (my general rule of thumb - 20% more than monthly payment) and a deadline (exact date of 30 days from today i.e.) and what will happen if not (I will have to pursue legal actions.)

3. Be consistent. It's a matter of who is breaking first, and it should not be you.

Lamont Chen · Answer

@Christopher Pray

You can try "cash for keys" and see if the nonpaying tenants will leave. Sometimes evictions can lead them to destroy or ruin a perfectly nice rental.

Good luck!

Matt Whitermore · Answer

@Christopher Pray you should still be able to get a court date. Happy to connect and discuss further.

Amos Mainville · Answer

I don't recommend it but this guy tried a strategy I haven't seen before...

https://newyork.cbslocal.com/2...

Yakov Lebovits · Answer

the best idea is to pay them for leaving. Let say you have a unit worth $100,000 and you sot the tenant gone for $2000, you just got a incredible deal you bought real estate in the value of $100,000 for $2,000….

Also, the mentality here in upstate is that if a tenant stays a little behind the rent, they are no longer interested to catch it up. So many times can be a good idea to try a tenant exchange with another landlord in the same situation.

In worst case you can just get them sold to use the money for a better investment… I know a lot of people looking for such property's willing to pay in cash!!!

Ronald Starusnak · Answer

Christopher, while it is technically required to fix a property should anything happen. There is very little to be done to force the landlord to repair these should the water, electrical, or heat stop working. If any of these systems fail, you should immediately call codes in the area in which your property is located and ask to have the property condemned. A condemned property can not be occupied. The tenants will be forced to leave. The tenant has rights, they could sue you but it is very unlikely that a non-paying tenant is going to take the time to file a lawsuit.

For example, if you have a small water leak in the basement somehow from some plumbing, you must have the plumbing shut off. No running water will lead to the property being condemned. If there is something wrong with the electrical and you have to remove some breakers, then electrical will not work and the property will be condemned, if a fuse for the furnace blower motor blows and you can not afford to fix it, the property will be condemned.

COVID-19 hit us landlords hard and we can't afford to fix our properties and our poor non-paying tenants may be put on the street when stuff breaks. It is very sad. We can not control the pricing or scheduling of HVAC techs, plumbers, electricians and no one can force us to use a specific contractor. Your contractor is probably too busy to fix the property right now and having codes condemn the property is unfortunately the only solution.

What can be done to get rid of tenants in upstate NY?

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