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March 18, 2007
Terminating lease on tenants
I have tenants in a non-stabilized apt. in the house I live in. Their lease is up in May. They have been pretty bad--bounced checks, "visitors" coming over and staying for extended periods and sleeping in illegal parts of the cellar, being exceptionally dirty, complaining about mice when they have food left out all over their apartment, two dogs that poop all over the garden that they usually don't clean up. I inherited these tenants when I bought the house two months ago. I was going to "lay down the law," but since their lease is up I figured I'd go the path of least resistance and just not renew their lease. Two questions: 1. What's the best way to inform and enforce them to leave? (It's not an eviction, i'm just not renewing their non-stab lease.) 2. What if their exceptionally bad and rebellious roomate, who is NOT on a lease and from whom I've taken no checks, doesn't leave by the required date? Meaning, if the "legal" tenants leave by April 31 but he stays over, do I have to be as legally careful, ahem, "removing" him from the apartment? Any advice?
Oh well, this is what I signed up for!
Comments
Needs to be in writing given to the tenant of record more than 30 days before the end of the lease. If lease ends April 30, then you need to get the letter to them before March 30. It's a full month's notice to the end of next calendar month. If you give them notice, say, April 3, then they're legally allowed to stay through end of May - I believe.
You don't need to - and shouldn't - cite a reason for not renewing the lease. In fact, I think I found draft copy of the letter on the web somewhere. Believe the laws pertaining to this are Real Property Law 223 and 232. I did this with a problem tenant. All worked out well.
Posted by: John at March 18, 2007 11:40 AM
They old owner should have turned over any security deposits they were holding...true
Posted by: Anonymous at March 18, 2007 12:55 PM
I think you posted before - I think the bad guy is the door kicker? But anyway, John is right. But you don't know the troublesome tenant, right? He is not on the lease, you don't accept money from him. I hope you took people's advice to tell them that they couldn't have roommates who weren't on the lease. This guy is a stranger, a squatter for all you know and you can just tell him to leave. Some people would say this is a thug attitude, but I have no problem with 911 for disruptive behavior. I posted about my inherited tenant (similiar sitution to yours) and I got rid of the whole bunch of them by sending them a letter (I gave them a few months, but you only need 30 days), then when the lease holder didn't leave, I immediately filed a holdover petition, didn't accept money from them and the lease holder left within 6 weeks along with her entourage. During that period I called the police (vandalism to my place) and it turned out that they knew the tenant well from before I bought the place. The police were very supportive to me (as was the court). Hang in there. Keep us posted and good luck.
Posted by: donatella at March 18, 2007 1:41 PM
P.S. I didn't say that despite my anxiety and aggravation, it all ended well and now I have two excellent tenants and the energy here is great and all is going well. It will all work out.
Posted by: donatella at March 18, 2007 1:45 PM
From NY State Tenant Rights Guide:
"Tenants must inform their landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord's request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. (Real Property Law §235-f)"
Posted by: Anonymous at March 18, 2007 5:30 PM
Donatella,
I'd love to pick your brain. I'm going to be going through a very similiar situation as the one you outlined. Let me know if I can email you.
Thanks!
Posted by: NewStoner at March 19, 2007 2:44 PM
Hi Newstoner,
I would be delighted to talk with you about your situation. You just can't make this stuff up and somehow it all worked out, so whatever you can use from my experience, fantastic. My email is faustaguzman@yahoo.com.
- Donatella
Posted by: donatella at March 19, 2007 4:27 PM
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