All Forum Posts by: Wesley W.

 And they wonder why there isn't enough housing in these blue states.  My condolences. 

 Yikes.  Any landlord that offers this should have their head examined!  Are lessors forced to offer this option?

Each multifamily building I have has its own bank account. It's written into the lease that tenants must deposit their rents into that particular account (either by online bank transfer or by walking in a check/cash); I do not collect rents directly, nor would I if anyone asked. Systems don't work if there are any exceptions. Each tenant living in a building has their own unique rent amount, so even if they do not leave a notation with the rent payment, I know whom paid the rent based on the amount alone. I get an email alert each time a deposit is made.

I prefer not to use any third-party vendors (Zelle, etc.) because firstly, that creates another link in the chain that can break down between the tenant's deposit and my bank account. There is an occasional thread on BP where the vendor has a system crash or technical glitch and transfers are delayed. In a perfect situation, the payment will still be delayed (even if by hours) using this additional system.

And secondly, many of these vendors have "clawback" provisions where, in their terms of service, you give them permission to go back into your account - even weeks after the fact - and reverse a deposit that was made by your tenant.

My system is simple, allows for tenants to pay through multiple means, and does not cost me anything extra.

Hey BPers!

Just curious where each of you stands on this one.  I realize this is a case-by-case basis.  Sometimes the tenants plan on paying a month's rent at two places to allow a less-hectic move.  However, this could also portend our own situation in a year's time if we take them.  Maybe they'd like to get a new place under contract before giving notice to their current lessor?  Each one has a specific reason, to be sure.  

I've got a prospect that is in just this situation.  Put down deposit, lease isn't signed.  Looking to move in a week's time.  Solid employment history.  I called the current landlord and he was completely surprised by the reference check.  He says they are solid tenants.

When would you, and when wouldn't you take someone like this?  Feel free to share your personal experience around these kinds of folks.

Thanks, and Merry Christmas!

There is a web site that lists all the section 8 housing, so people might be also be looking there.  I think it's called "go section 8" or something similar.

Code Enforcement in my market has just recently started, as part of their tenant turnover inspections, to document the material composing the water inlet pipes where they enter into the basement.  I think this is the first step so they can know who has the lead pipes before they pass a local ordinance to require the replacement at the property owner's expense.

It's a "first registration, then confiscation", of sorts.

Absolutely - your question makes me nervous!  There have been sweeping changes in L/T laws in NYS in the last 5 years.  Please educate yourself, and not just from an internet forum.  The laws are changing all the time.  The big one to read up on is the NYS Housing Stability and Tenant Protection Act of 2019.  As per the HSTPA, any changes to a tenant's lease whom have been in place for over 2 years requires a minimum of 90 days notice, regardless of what the lease (or lack thereof) says.  There lots of pitfalls in there for housing providers.  Also, check to see if your jurisdiction is practicing "Just Cause Eviction", which went into effect statewide earlier this year for municipalities that which to opt in.  There was also a part of that law that enacts rent control anywhere in the state, which may affect your plans.

Make sure any changes you are proposing to the contract are compliant with the "new" New York State housing laws.  I would strongly recommend spending the money to meet with an attorney for an hour before you put anything in writing to your tenant.

Good Luck!

Never react to what your tenant says, only to what they do as it relates to the lease agreement in place.

@Nathan Gesner gives good advice.  Take control of the situation yourself, and if you want her out, then give proper legal notice.  Stop trying to descontruct whether or not she gave proper notice and whether you'll have a leg to stand on in court.  

Tenants will say all kinds of crazy things to you that they have no intention on actually following through on (often it's "I'm going to sue you!").  These "off the cuff" statements will mean nothing to a judge.  Follow the lease and local statute.  As Judge Judy says, "if it's not in writing then it didn't happen!"  ;)

In NYS, you cannot just terminate their lease.  If they have been there for a day longer than 1 year, they must get 60 days' notice; if they have been there for a day longer than two years, the landlord must give 90 days' notice.  However, if this locality has opted in for "just cause eviction"  (which is statewide), then you cannot terminate the lease without "just cause."  All these statutes supercede any written contract between landlord and tenant.

Now, if they stop paying, then you do not have the restrictions above.  However, you must give both a 5 and 14 day notice (concurrently) which must be properly served, and it gets more technical from there.  Even if you do not mess up any steps in this lengthy process, you are looking at AT LEAST 90 days before you get your asset back.  Since it's winter, it could be a great deal longer.  Also, it goes without saying that if you make a procedural error (very likely as the process is designed to trip up the unsophisticated landlord, and all tenants have the right to a pro bono attorney), then you have to start the process again from scratch.  I would not do a summary eviction proceeding in NY without an attorney.  I would start the process immediately.  Hopefully they will see you are not screwing around and will leave on their own.

I hope you got a great deal on this property, because tenants in place are a liability, not an asset, in the Empire State.

Now, who loves NY (besides our many "guests from out of town")?

5. UTILITIES: Water and sewer service and curbside trash removal are provided to you. You must obtain and pay for all other utilities. We are not liable for interruption or malfunction in service. You may not occupy your apartment without electric service except during brief interruptions beyond your control. You must not overload electrical circuits. Only two electrically operated items may be plugged in to any electrical receptacle. Electric and natural gas service may not be discontinued while you are in possession of your unit. A minimum temperature of 55 oF must be maintained inside your Rental Unit at all times; damage to the Premises resulting from you not doing so is your sole responsibility.

19. MOLD: You must take steps to limit the growth of mold in your apartment. This includes operating your heating and air-conditioning system as appropriate to reduce humidity, using appropriate ventilation, limiting evaporation of water, promptly removing any visible mold, and immediately reporting to us any leaks or other water intrusion into your apartment or any visible mold that you cannot remove. Household furniture must be positioned and/or elevated to allow adequate air flow underneath and between furnishings and adjacent walls.