a renter says he will be out by 7/1. i have a tenant already set to move in. if the renter does not leave by then, i plan on bringing in a locksmith and changing the locks whether they like it or not and whether they are still living there or not.

is this legal?


Comments

  1. There’s a book called the New York Landlord’s Law Book by Hallenborg, available in the library… it’s a little old, but it’ll give you an idea of how to handle this stuff in the future.

  2. I found it really hard to ask for first/last/security but I was pleasantly surprised to find tenants who didn’t blink at this. I do think it’s easier (though not easy) to be assertive up front than to worry about it later, as your story proves.

    A good stock answer if tenant asks for things might be: let me think about it. Then you have time to figure out how to make it work for yourself too.

  3. You should have had last months rent plus security deposit when they signed the lease. Remember that for the next one. Let yourself in and d a quick inspection before you agree to letting them pay the last month with the security.

    If there are problems, and you think you need to withold all or part of the security, let them know that you will pursue it legally and that pursuit will likely affect their credit rating or ability to rent elsewhere.

  4. warnings heard loud and clear. will not change the locks.

    will let you know what happens.

    i’m just putting forth a worst case scenario. have no idea whether they are planning on leaving or not.

    to compound matters, they asked me to not pay the last month’s rent and use the security deposit as their rent. i said yes.

    no written notice. just verbal. even worse, right?

  5. I’ve been through the same situation but in my case I was lucky. The problematic tenants moved out as they promised. DO NOT even think about changing the locks, you will be the one in trouble.

    Is this month to month? lease? you can start a withholding process once the month ends and take it from there.

    Tenants are always right. Good Luck.

  6. change those locks and you will be the homeless one. tenants always win in nyc. you may even have to shell out money to provide your new tenant with a place to live if this person doesn’t vacate.

    but as dibs and arklady said, there must be more to this story….