All Forum Posts by: Shanna Vataj

As far as I know - It is not illegal to search for eviction history. It is illegal to deny solely based on that and the fine is only $1000. Its also totally unenforceable in my opinion as there are a million reasons to say no to a tenant. This is a great summary article that I refer back to over and over again. https://nysba.org/nys-housing-...

There is no eviction in NY right now and its looking like it will be extended until Sept. That is why it would be necessary to raise the rental amount each month in order to "Scare" them out or be able to enforce payment through the courts when the eviction moratorium is lifted. 

I agree, anything regarding a 1 year lease would have to be verbal only which puts me in a weird position. 

I’m unsure how to properly vet more than I already do. I do the full credit check, background check, landlord evictions and court check and Alex offender check.  

 I believe he thinks that at that point they will be scared into leaving or pay the ever increasing monthly rent until a time when it’s “worth” it it him to pay court fees for back rent and eviction. 

@John Apple

I'm sorry but you may have to cut your losses.

Did you communicate with them consistently and often during their break?

Did all adult buyers sign, date and initial (on each page)?

If not, the rep agreement is voided and you should just move on and use it as a learning experience. This is why property address specific representation is better than multi property or “type” (single family/multi etc) representation.

We are in NY, a very tenant-friendly state but in an area where rents are very high. I met with a client yesterday to list his 3bed 1 bath for rent. Typically we would ask for a 1-year lease and 1m security (max here in NY).

He is concerned about non-paying tenants and people working the system. The last tenants stopped paying in Nov racking up 13k in missed rent. The lease ended on Jan 15 and they never left. He got them out by raising their rent $400 each month until they asked a judge and left because he said it was legal.

On paper - He wants to do a month-to-month now so that he can raise rents on a tenant to get them to leave if they stop paying. Off paper-He will treat it as a 1-year lease and only raise the nominal annual amount.

It sounds like a pretty straightforward plan as long as the lease is written properly and given we can find someone to rent with these one-sided terms.

How do I word this when writing the lease? Month to Month lease with $400 monthly rent increase after 30 days non-payment?

Example of his plan if non-payment:

Month 1-7 2600.

Tenant stops paying on time

Month 8 - grace period (were all human and this gives them time to pay)

Month 9 3000

Month 10 3400

Month 11 3800....

 That's interesting that you suggest larger units. As a property owner I find it much easier to rent out two bedroom units than three bedroom units and the tenants tend to be much easier on them than our three bedroom units. 

Small Multifamily properties (2&3 units) will do great in the areas mentioned as long as they're well maintained (ie: manicured, clean interior, updated medium grade finishes)

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Those are always fun. We have 323 unit bldg in the Bronx and so many people pay in cash that we have to split deposits up!