All Forum Posts by: Wesley W.

The term you are looking for is Notice of Termination.  The rules surrounding it are found in L/T document put out by the AG's office.  You can Google "ny landlord tenant handbook" and it should come up.

The boilerplate response is "what does your lease say?" about the landlord's right to entry.  Mine spells out that I have a right to enter (given reasonable notice) for safety inspections, maintenance, repairs, to show the unit to prospective tenants or buyers, etc.

It's weird if your lease doesn't speak to the landlord's terms of renewal/nonrenewal.  I'm not sure what a judge would do about it, either.  The landlord should have to give you a notice of termination before he could rent it out to someone else.

Maybe talk to the landlord and get something established in writing about the terms of the showings and renewal?  That would benefit everyone and keep the agreement between you both and not in the hands of judge that doesn't have a direct interest in the issue.

Good luck!

I only do M2M leases.  If I want the tenant out for reasons other than non-payment, I can just terminate the lease.  I agree with the OP's friend as to the other benefits.

A problem sometimes with evicting for non-payment, is that they can show up to court and cure on the day of the hearing.  After you've paid your attorney, process server, and court costs, of course.  Now you have to bring a separate action to collect those fees.  Have this happen more than once with the same tenant and you will be wishing you had them on a M2M.

No down side to M2M that I can see other than potentially high turnover if you don't screen out people that are seeking out a short lease for their own reasons (buying a house in 3 months, job is transferring in the spring, etc.).

Despite that, I see the advantages still outweighing the drawbacks.  Find good people and take care of them and they will never leave.

Hi Becca. 

Here's a thread that is brand new that, although may not address your specific question, is still relevant:

https://www.biggerpockets.com/forums/52/topics/473...

I've seen many other threads addressing your same concern.  There are many people on here that have experience renting to international students, and they will be able to provide more insight for you.  In the meantime, if you use the search bar on the forums, you might be able to get some more information in the meantime.

@Michael Ablan If she has a term lease, in my opinion you are going to have an uphill battle trying to evict her for anything other than non-payment of rent.  I know Jefferson County leans more right than where I am, but you are still in NYS and under our AG's pro-tenant umbrella.

I would start by documenting everything, and going through her lease to find areas where she is  violating it.  You could try and build a case with enough evidence to go before a judge.  You can outline these erratic behaviors as context for the clear lease violations, but as others have said, I would steer away from using any terms (e.g. mentally ill, schizophrenia) that could be used against you as discrimination.  I would focus just on her behavior that is breaking the lease, and let the judge decide.  Unfortunately, despite your best efforts, it is still going to be a crap shoot whether or not you can get a warrant of eviction.

Good luck!

Is this helpful?

A. You agree to pay the monthly rent indicated above via deposit to the following checking account at ABC Bank: account # 123456; routing # 7891011  (nearest branch is 123 Main Street, New York, NY). Rent is due in full on or before the 1st day of each month without deduction or set off. Time is of the essence. Payment may not be made by third party checks. If rent is not paid physically at a branch (i.e. it is paid online or via bank transfer), the date of payment will be considered the date when funds reach our account. The banking institution and/or account to which rent must be paid may be changed by us after giving you at least 30 days notice as described in Paragraph 12.

This is not online only.  Tenants can walk in to a branch and pay in cash or check.  The teller's receipt is their proof of payment.  I get an automated email when a deposit is made.  I have a different bank account (at the same bank) for each building.  Everyone has a unique rent amount within each building, so I always know who paid based on the amount of the deposit - but the tenants frequently ask the teller to include a memo with their name and/or address.  Same with those who pay online via bank-to-bank transfer.

Your concerns are not unfounded.  I think some of the folks providing input own rental property in areas where the tenancy laws are more equitable  (e.g. reasonable ).  In some areas (like mine, and I assume yours) anyone that starts "staying over" and storing personal items gets FULL tenancy rights,  regardless of what the lease says.  (I know that seems crazy to folks in other parts of the country, but that's what some of us have to work with in running our business. )

If that is your case, I would get something in writing from him stating that he is not a tenant of record and he will not make a claim as such without signing a lease agreement with the owner.  (Consult your attorney for appropriate terminology in the statement. )

Good luck!

You have screening criteria for a reason.  I am sure their previous landlord has a much different interpretation of the facts involving their eviction.

No. No. No.

The bitterness of the cost of an eviction will linger in your palate long after the sweetness of a few months' rent paid upfront is gone.

All regions are different, but even here in liberal NY, being a smoker is not a protected class. Landlords here are free to discriminate against smokers, slobs, jerks, sex offenders, and other characteristics not listed with HUD.