All Forum Posts by: Ashlee Fazio

Hi Ashlee,

Have you and the tenant signed paperwork documenting the lease break?

Starting the eviction process with a demand will only give you more piece of mind with clear future dates on when you will inevitably get possession back of your property if the tenant does not surrender. I would encourage you to go the legal route instead of trusting the tenants word on their move out date if you are skeptical. They can just as easily change their move out which may ultimately hurt you financially more in the long run if they are delinquent.

@Noah Bacon I just received a text from her this evening. I plan to write up a document for her to sign, although she has already stated she does not intent to put anything in writing… who knows why.

I also have reached out to my attorney in case she does not pay on the first so we can follow the legal route here. Thanks for the advice!

1 Vote

Upstate New York, New York

I have a tenant who is very unhappy who is breaking their lease 6 months early. She is insistent on using her security deposit as last months rent. I have told her that is not acceptable and would be considered nonpayment. I am happy to have her out, but unsure of how to go about this issue. If she uses her security deposit for last months rent obviously I have no security for damages or other issues or any real guarantee she is going to leave at the end of the month. Should I just contact my attorney if she does not pay rent on the 1st? I am nervous that starting eviction for nonpayment would drag out her leaving and end up costing me more money in the long run.

0 Votes

Upstate New York, New York

Quote from @Nathan Gesner:

Quote from @Ashlee Fazio:

Here's a guide: https://getjerry.com/home-insurance/new-york-abandoned-prope...

My process is to post notice on the door that is clearly dated. Include a statement that items will be considered abandoned and disposed of if Tenant does not contact you by [DATE]. Change the locks to prevent anyone from entering without you knowing.

If no response by deadline, clean it out and find new renters.

I always require Tenants to provide me with an emergency contact, either friend or family. That gives me someone to contact in case the Tenant disappears.

Thank you for the information Nathan! I have been able to contact the tenant and he send a email that he has forfeited his right to the property and all of his belongs as of today.

1 Vote

Upstate New York, New York

Quote from @Richard F.:

Aloha,

See if utilities are still in Tenant name or if they are turned off. If off, take plenty of photos of conditions/property as left. If there is no good food in the refer, no prescriptions in the med cabinet, no toothbrush, no shoes, nothing with obvious value, all signs point to abandoned property. Check local law; check other contacts you may have from the Tenant application or other sources; make a decision if you want to store all of it for the lawful time required, or not.

Thanks so much for your thoughtful reply. I have been able to contact the tenant and he sent an email that he has forfeited his right to the property and all of his belongs as of today.

0 Votes

Upstate New York, New York

Hi all!
I have a rental property with a tenant who is up to date on rent at this point. However, he has been demonstrating concerning behavior and I have been told he is currently in a mental health facility. I had been planning to serve a notice to end his lease at the end of September and am worried I will not be able to serve him as I have not been able to contact him in a few days.

After going to the property to do planned repairs the apartment is a mess and looks abandoned. Old food left out, all cabinets opened, clothes emptied from the closet. Do you have any advice on service of the notice to vacate? And if I cannot contact him and do not receive rent on the 1st, what are my options for removing his property and work on getting the property rerented ?

0 Votes

Upstate New York, New York

All Forum Posts by: Ashlee Fazio

Ashlee Fazio has started 2 posts and replied 5 times.

Post: Using security deposit as last months rent

Post: Using security deposit as last months rent

Post: Serving notice/Abandonment of property

Post: Serving notice/Abandonment of property

Post: Serving notice/Abandonment of property