All Forum Posts by: Hahna Reyes

Hi!! I just signed a contract and paid the deposit with the roof contractor for a project this past weekend. 
And I just found out in BBB that the owner had different company which had many complains in the past. The company’s accreditation was revoked a few years ago.

1. Can I cancel the contract without cancellation fee if canceled in writing within 3 business day midnight? 
https://ag.ny.gov/consumer-fra...

2. If so written cancellation notice via text is sufficient ? Or it has to be an email?

3. If the company refused to return deposit what kind of option do I have?

No clause regarding cancellation in the contract.

Really appreciate if anyone who have similar experience or knowledgeable can share your second opinion.

Thank you in advance! 

He refused to pay anything basically so including extended days of not moving stuffs out. So I will start to document the apartment unit and check the local laws. Thank you so much for your advices, really appreciated it. 

@Theresa Harris

He didn’t give me any written notice that he’s gonna move out. He just don’t want to pay what he owes me for electric bill and inspection expenses and just don’t try to move his stuffs out. He said he wants to extend the move out date for his stuffs. But don’t want to pay for extend day rent.

Here is another more questions which I’m wondering if I can do or not.

1. Can I change the door locks?

2. Can I move his stuffs out and put them in the basement? Even I didn’t receive his move out notice.

3. If he’s not coming back for his stuffs, when and how can I get rid of all his stuffs by law.

@Theresa Harris

Thank you so much for your advice! But he seems not gonna reply me email or pick up the phone anymore. Last thing he said on the phone is you can do whatever you want with those stuffs! I have the voice record of that conversation on the phone. Can that be an evidence to move his stuffs out?

@Hahna Reyes

Updated!

I end up letting the tenant uses the security deposit as the last month rent. This happen after I sent him the late payment notice and he negotiated to do so cuz he has no money to pay the rent. And we’re agreed on the move out inspection date which he promised to bring payment for electric and whatever expenses he has to pay due to inspection. But! He just called me and said he couldn’t make it and turns out that he has no plan to show up again in the future!

So my question is..

1. Can I move his possession out of the apartment unit? Is it illegal to touch his stuffs still in this state?

2. Do I need file any documents to the court to get the right to move his stuffs out?

@Wayne Brooks I have to make sure he doesn’t know cuz seems he’s really don’t know. Haha Thank you for advice.

@Theresa Harris Thank you. I will start the negotiations in case he’s not understanding the lease agreement and the state law clearly enough.

@Bryan Devitt Thank you!

My lease agreement with tenant is month to month and the rent has to be paid by tenant by the 1st of every month. But now it’s the 3rd already and I don’t receive the rent from this tenant yet. Today (3rd) I’m going to send him a late rent notice but happen to see him in front of his apartment so I ask him about the rent then he said just use the deposit as the last month rent and he didn’t mention about last month use of electric at all.

My question is

1) Can he do like this to landlord against the lease agreement to use his rent deposit as last month rent?

2) Does he has to still pay his rent plus the late rent fees? (which is late rent payment fees will charge after 3rd is $25 plus $5 late each day until full payment received).

3) What steps should I take to handle this kind of tenant?

4) Do I still have to give him late rent notice or some other notices? I’m planning to send him late rent notice on the 4th.

@Jim Goebel

Thanks a lot! Jim! I kinda have an answer in mind after hear your advice and comment.