All Forum Posts by: Wesley W.

Here's mine.  You should probably run anything by an attorney, regardless.

SNOW REMOVAL: Within 24 hours after the cessation of a weather event which has produced an accumulation of at least three inches of fresh snowfall, we will attempt to remove excess snow from walkways, driveways, and sidewalks. Snow and ice removal from walkways, sidewalks, steps, driveways, and parking lots, by us is a courtesy only and is not guaranteed unless otherwise specified in writing. It is your sole responsibility to clear snow and/or ice from the stairs, steps and deck leading to and from the entrance(s) of the Rental Unit, as well as other areas within your control. Salt is provided and should be used by you when merited by slippery conditions. You are aware that the walkways, sidewalks, steps, driveways, and parking lots may be slippery especially during winter months based on weather conditions. Even if the walkways, steps, driveways and parking lots have been shoveled, plowed or treated with salt/chemicals, you understand that slippery conditions often appear without notice and are not visible. You and your guests/invitees agree to release and hold Owner and his Agent(s) harmless for any damages or accidents caused by and/or related to inclement weather conditions.

Quote from @Amber Forkey:

Quote from @Wesley W.:

I use tenantbackgroundsearch.com and I like their service.  Unfortunately, it is more than the maximum cost that NYS allows to charge tenants, but in the price range you quoted.  Unfortunately, it is manual data entry, but honestly - I would not trust any automated system on this.  Trust but verify. ;)  

Good luck!

Thank you for the advice. After looking into them, I may do my next one through them. Any idea if they offer a company plan for a discounted rate if you have X amount of units? 

Not sure, but it never hurts to ask. ;)

I've got to disagree with some that posted here and I think those folks are misreading the OP's situation.  @Nathan Gesner saw what I saw.

Somewhere in that contract (and/or based on local/state statute) there is language on "notice to terminate."  I would use those parameters to legally terminate the old lease and at the same time (at your discretion) offer them a lease of your own with terms you deem favorable to your business model.

I use tenantbackgroundsearch.com and I like their service.  Unfortunately, it is more than the maximum cost that NYS allows to charge tenants, but in the price range you quoted.  Unfortunately, it is manual data entry, but honestly - I would not trust any automated system on this.  Trust but verify. ;)  

Good luck!

Quote from @Ishmael Johnson:

So even with an inherited tenant situation, a landlord should still do a background check?

Absolutely.  You need to know who is sharing a roof with you.

Payne - I'm happy to connect with you if you have specific questions about your situation in Upstate NY as well as processes/systems to put in place as you begin your career as a landlord.  I have acquired several occupied buildings, so I'm happy to be a resource for you through that process if desired.  Feel free to reach out if you'd like.

Quote from @Matt Nervegna:

In your opening post, you said you bought a house 1.5 years ago with a tenant in the downstairs apartment.  If this is the same tenant and he has lived there for at least 2 years (not necessarily just under your ownership), then it is required to give him 90 days notice to terminate.  

He "does not have a lease term of at least one year" (i.e. MTM) that is true, but there is an AND in the statute language you quoted above.  This means if he is lived at that address for at least 2 years, despite having a MTM lease, it's a minimum 90 days' notice.  Both conditions have to be met to qualify for the 30 day notice.  I wish I were wrong, but I'm almost certain I am not.  I just don't want to see you get played by this guy based on a misunderstanding of the law.  The cynic in me says the legislators made it deliberately complex so that mom-and-pop landlords would get caught in procedural missteps which allow the tenants to stay longer on your dime as you are forced to restart the process.  And you've got to pay for counsel; they don't.

Quote from @Matthew Paul:

When you rent a car is gas included ? 

 That is gold, sir.

Quote from @Angela Persico:

I listed my first apartment and have been showing it this week. I had someone view the apartment yesterday and during the showing he told me that he was actually looking to rent the apartment for his business. He has workers that he places in housing while they're on the job and has been utilizing Air BnBs, which is expensive, so he's looking to rent an apartment for 6 months to a year. He would place 1-2 guys in the apartment at any given time, who might stay there for a month or two, or maybe only a few days. There would be times where the apartment is vacant and his assistant would check on the apartment every few days. His business would pay the rent every month, regardless of it being vacant of his crew. 

I'm not sure if this is a good or bad idea, or if I should just stick with a regular tenant for my first rental, as I've got 3 other decent applicants. I have a lease drafted for a regular tenant, but I'm not sure how this might be different. Would this be considered subletting? Has anyone here had a "tenant" like this before? What was the process and how did it go?

Andrew Schultz literally covered this exact situation on the RentPrep podcast last week.  Since he manages in NYS, this is particularly useful to your situation!

Wow.  Please take my comments as constructive and "tough love."

It's clear you do not understand the L/T laws in NYS.  You may need to give the tenant 90+ days proper notice to vacate.  This is NOT based on the lease, but actually based on the length of time they have resided in the property, per the Housing Stability & Tenant Protection Act of 2019.

You are in over your head and have already made some mistakes.  I would consult an attorney for help in these matters or these tenants will legally do number on you because of your ignorance.  If you want them out ASAP (which might not be anytime soon), you need to spend the money up front on counsel to quarterback this for you.  Pay a little now or a lot later in order to get your property back.

Good luck.

Quote from @Anthony Ziccardi:

@Wesley W.thank you for your response my lease does state all common areas must remain free from any personal belongings as well as they assume liability to any left or damage to personal property in carports and driveways.

Should I call are for claims lawyers in preparation for a possible case

I would explain to the tenant your position regarding the incident, then leave it at that until if/when they decide to bring you to small claims court.  $5K is too small for a higher court, and they would probably not retain an attorney for this small amount, given the legal costs involved.  In my state you are not allowed to use a lawyer for small claims.

Like I said before, proceed as normal.  If they don't pay the full amount of the rent (despite them sighting the cord as the reason), serve them notice based on your local jurisdiction just like you would any other time.

Completely avoid comingling this incident with your landlord/tenant relationship.

You can always get legal advice from a local attorney, but that's my layman's take.

Good luck!