All Forum Posts by: Wesley W.

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.

 Yes.

Another strategy is you could inform him to contact the super for any issues and ignore further communication from him directly. That way you are training him to go through the proper channels. After all, no one really knows if the water came from your unit and/or whether or not it is your responsibility. This is the super's job - that's what you are paying the HOA fees for.

I have a similar policy to @Nathan Gesner.  Here's my lease provision:

14. PEST CONTROL: Your Rental Unit has been inspected and deemed to be pest-free. If you have a specific problem with pests, notify us. You are asked to assist our pest control by maintaining a high standard of good housekeeping. If, after the first ten (10) days after you take possession of the Rental Unit, it becomes necessary for us to undergo including, without limitation, prevention and remediation in your Rental Unit and/or on the Premises, you will be held financially responsible for reasonable costs thereof, paid as Additional Rent.

Quote from @Alecia Loveless:

In my instance there ended up being other disqualifying issues so I just said no.

This.

There is often a correlation between these ESA scammers and other things untoward with their situation.

EDIT: Not sure why the quote is not showing on my posts.

 If the landlord was aware of his past, yet rented to him anyway - any lawyer worth their salt would make a nexus between those two pieces of information and create a liability claim.

In addition to the extreme negative press you would get, it also takes time, money and energy to defend a lawsuit you will eventually win.

Market is oversaturated currently, many landlords are not making any money.  TV developers continue to build new construction, and many folks bought in the market to rent out before retiring in the last 18 months.  I had 5 months vacant in 2024.

I offer them with an additional fee and lease addendum.  I buy them used and they offer a very good return with the income stream.  It takes less than a year to break even on the cost.  I have been using some sets for 10 years.  Some units I aquire when I buy a building.  Sometimes I buy a set from a tenant whom is moving out and does not want the hassle of moving the set they purchased.  As others has shared, I am able to hook them up properly to avoid any issues with tenant installation.

If a unit dies, and I do not want to replace it, I just terminate the addendum and remove them.  This avoids putting me in the situation where I have to provide those amenities if they were included with the rental unit.  My biggest pain point is rounding up help to move them in and out, as I'm a solo self manager.