Getting a Tenant to Leave
I have one tenant who is not on a lease (he declined to sign a lease when i asked him to). I would like him to vacate so I can rent his apartment out to friends in need. Any way to do this quickly without going to court?
I have one tenant who is not on a lease (he declined to sign a lease when i asked him to). I would like him to vacate so I can rent his apartment out to friends in need. Any way to do this quickly without going to court?
So, I’m assuming the “friends in need” will not have to pay rent? Or are you just making your current tenant a “friend in need” for someone else?
If he has no lease, then he is on a month to month.
So give him 30 days notice.
What’s the big deal?
I guess you don’t need the rental income, correct????
*rob*, i was thinking the same thing! if you guys think tenants are so bad, try having a LANDLORD
omg people, this person said they want to rent to a friend “in need”. ugh. i’d hate to have some of you as a friend :-/
jeez.
*rob*
tell him in person and give him 30 days notice to leave. then write a letter certified to him giving him written notice of 30 days to leave. Now you have verifiable proof that he was given notice to leave after 30 days.
most people will leave the apartment as they understand it is your property and you have a different use for the space. Some people take it a lot more personally.
If he doesn’t leave after 30 days, stop cashing his rent checks, hold them in escrow, and go to landlord tenant court and let them know your tenant won’t leave. They’ll schedule a hearing and he’ll get another notice. It usually takes about 90 days and at the end the marshall will take possession of the apartment, he’ll be out of the place and you can rent it to your friends. There are a few ways to speed up the process along but why spend the money on a lawyer if you don’t have to.
it’s case by case but you may need to start documenting all of your interactions with the tenant because there are a lot of loopholes for tenants. 😉
“You’re kicking that guy out of his home? Was he a bad tenant? Pay his rent late? Trash the place?
Glad you aren’t my landlord.”
He had the option to sign a lease and refused.
Not to be cruel, but friends in need….
not a good idea…
1- Oh, the rent is going to be a little late this month.
2- I can’t pay this month, we had a lot of expenses.
3- I’m sorry, I cant pay this month, blah blah blah…
I have seen it before, better to have strangers, really.
Rule #1 – Do not rent to friends or family
Rule #2 – See Rule #1
Rule #3 -BFD – No lease? Even if he had a lease and wwanted to move, he is going to move. If you want to talk about enforcing 99.9% of the language of a residential lease in NYC, you might as well be talking about changing the weather.
Rule #4 – Make sure that no tenant ever finds out about Rule #3