Problem With RC Tenant
I own a house with a rent control tenant, yes I know, who thinks he can do whatever he wishes and does this…among other things! After discovering that he hands out, and has been handing out for years, front door keys to whomever he likes so he does not have to come down the one…
I own a house with a rent control tenant, yes I know, who thinks he can do whatever he wishes and does this…among other things! After discovering that he hands out, and has been handing out for years, front door keys to whomever he likes so he does not have to come down the one flight to let his people in. I changed the front door lock. You know, the lock with keys where you need a card that authorizes you to make a copy. I gave him two keys as required by law, thinking at least that not everyone had keys to my house. So now he puts one key in the mailbox and hands out copies of the mailbox key to who knows. After informing him about jeopardizing the security of the building, etc, etc, I was told “F†you! Not my problem! While I try to figure out how and who can help me get these people out of my house, can anyone suggest a way for me to short circuit this S.O.B. and protect my wife and kids and MY property from strangers in the hall.
Side note; Any housing lawyer recommendations would be appreciated as well. I have evidence, pictures and recordings as backup. Yes, its bad.
Thanks!
I recommend two things. First, I would recommend installing an inside USPS mail box. I also use Multi-Lock keys for the same reason and you should have some control on access to your house. Secondly, I would form a relationship with a lawyer. I consulted with a lawyer, Marc Aronson on Smith Street when I had to deal with a difficult tenant who I inherited. Marc never attended charm school but he knows tenant landlord law and court very well. There are ways to get rid of rent control tenants — but that may not be your goal. What you want to know is what the law says you can and can not do and how to build a case if it comes to that. Tenant landlord court is a very painful experience to be avoided, but it does protect you, assuming you do everything by the book. You should know your rights and what you need to do to protect yourself. Good luck.
Bren’s post, as well as some others, addresses a facet of this issue which most have left unaddressed, and which I’m not inclined to address at great length either.
OP, the building is YOUR home, and YOUR property, but the tenant’s apartment is THEIR home, too, and you bought the building knowing their RC status. I doubt there’s a person among us who has not made copies of their house keys for friends (in case of emergency, in case of vacation, in case family is visiting, whatever). After an ongoing situation in our building that bore only a superficial resemblance to yours, the remedy we implemented was to change the front door lock and keys to the “Multi-Lock†brand which (in theory) can only be duplicated by presenting a locksmith with the original combination. The lock itself and copies of the keys are pricey. Tenants who request extra copies are required to place a deposit and introduce us to the person to whom they’re giving the copy. All parties, including the guest keyholder, sign a written form acknowledging their understanding and agreement that the key is not to be passed to other parties without notification and introduction to landlord. This form also addresses who bears responsibility for the cost of replacing a tenant’s set of lost keys, as well as replacing keys for ALL tenants should it become necessary.
Our building has an intercom and no buzzer, and that’s clearly explained to prospective tenants before any lease is signed. To the best of my knowledge, the following still governs re: intercoms: Under the city’s Housing Maintenance Code and Section 50a of the NYS Multiple Dwelling Law, a building with eight or more units built *after* Jan. 1, 1968, must be equipped with a voice intercom. In addition, in buildings with eight or more units built *before* 1968, a landlord must install and maintain a voice intercom system when a majority of the tenants request its installation. If you Google Section 50a of NYS MDL, you can read the entire section for yourself. In addition, the following is an old article, but worth reading (though maybe not twice, as the text repeats itself ;-): http://www.nytimes.com/1985/03/17/realestate/buttoning-down-a-building-a-guide-to-security.html
I would suggest having an intercom and buzzer installed…
I can’t imagine how inconvenient it would be to have to trek downstairs to let family or company in.
It’s your home certainly, but the tenant also has rights…
is he elderly?
I know mine won’t be a popular suggestion but it seems
the installation of a simple buzzer and intercom system would solve the problem.
vinca thanks for the explanation.
a part of me feels like messing with the RC tenant’s current system of leaving a key in the mailbox will only prompt him to keep the key in an ever more unsecure place (hello, trashcan lid?) just to be a total douche. okay fine start the eviction process, but in the meantime boost up the security of your own apartment door ….since most importantly, you feel your fam’s safety is being comprimised. do these strangers actually loiter around in the hall??
I would think that his disregard for the keys could be a legal issue as well. Isn’t there a law that landlords are responsible for the security in a building? Since he keeps undermining it, you may have something a lawyer can help you with. Or possibly you can take him to housing court. But no matter what, I can’t imagine he has any legal right to simply keep making copies of your keys- that endangers you and your other tenants. I know it is very difficult to get rid of an RC tenant but there was a case years ago with someone like this and I seem to recall the judge evicted the tenant. They may be rent control but they still aren’t allowed to consistently break laws or leases.
Your best bet re the mail is what dave suggested- have them toss it under a gate or such where only you have access and you distribute it. Or one box to which only you have the key.
BoD: The USPS-approved box I’m talking about might be familiar to you from large apartment buildings (rows of boxes, most often aluminum or gold-colored). They’re also available configured as only 3- or 4-unit boxes for small multiple dwellings. You install them in your vestibule—i.e. only people who have keys to the front door can access your mailboxes, and a tenant giving his friends a copy of his mailbox key won’t be tantamount to giving them a copy of the front door key. If you’re not familiar with the USPS keykeeper system, it works like this: they install a small box outside your front door that holds your front door key. Your carrier opens the keykeeper, opens your front door, and replaces the housekey in the locked keeper. The key to the *keykeeper* is a USPS-restricted key, same as the one they use to tilt down the indoor mailboxes. Neither you nor your tenant will ever own a copy of that USPS key. You might like DIBS idea, but if the situation is as contentious as OP describes, I doubt that you or OP would like to face the mail tampering charges that could follow from employing that strategy.
vinca does have a point…there may be legal issues opening his mailbox. However, there may be issues that the post office has delivering mail when there is a key in there as well.
Yes, all of this is a pain in the ass but I wouldn’t want people coming in and out either.
vinca – can you explain how buying a USPS approved mailbox will solve his problem? He still could make a zillion and one copies of his mailbox key for his friends to gain access to that 2nd apartment key kept inside…. i like DIBS idea > take the 2nd key, play dumb, and keep charging him for the “lost key”.
vinca’s right — be very careful about the kinds of self-help you resort to. If/when you end up in court, it might hurt you. Courts typically frown on self-help in thsi area. As good as the collective advice can be here, in your case I wouldn’t rely on it. Consult an attorney who specializes in the area, who can tell you exactly what self-help steps you can and can’t take, and how best to set up the eviction (or whether to pursue other strategies). Dont’ take a short-term gamble that might mess up a long-term strategy. Also, read over the lease (if there is one) with an eye toward tenants’ responsiblities to safety and security of the proeprty. There might be some useful language somewhere.