How do I Prove a Tenant has an Illegal Portable Washing Machine?

I’ve been having regular issues with a tenant who resides in a second floor apartment. My water bill went up a great deal. I asked the first floor tenant about their water use, and they mentioned that it sounded as if the 2nd floor tenants run a washing machine every day. When I was last in the 2nd floor tenant’s apartment, I did not see a portable washing machine left out. It clearly says no portable washing machines in the lease 1) How do I prove that the second floor tenant has a portable washing machine? 2) I know I am only allowed access to the apartment with 48 hours notice, or in the case of an emergency. If I am in the first floor apartment when I hear the washing machine sounds coming from upstairs can I count that as an emergency? 3) When I perform my next inspection of their home, am I allowed to search in their closets for a hidden portable washing machine? This is causing me an increase in my water bill, and is risking a major flood to the first floor apartment. I also have caught this tenant lying to me before about other issues. Does anyone know what I am legally allowed to do?

helpneeded

in Landlord 10 years and 3 months ago

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resident2 | 10 years and 3 months ago

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If you do not trust the tenant on other issues as well, then do not renew the lease at the expiration. If the tenant is rent stabilized, then yes you can bring a case based on the belief of a machine from the noise etc from the apartment below. It would help if tenant below actually complained about the noise, vibrations etc and co-operated as a witness, but don’t count on it. But before you start that proceeding: write a letter, directly pointing out that it has come to your attention that the tenant may have a washing machine. Ask for confirmation or denial in writing by a particular date. There is no point requesting an inspection date, it is very easy to move it out for the inspection and put it back afterwards. I was recently at a Parking lot, there were two guys picking up a van for a couple of hours (zip car) they were using it to put ALL of their dogs and dog paraphernalia in for a landlord inspection! Drive it around the block and bring it back. NO DOGS!

resident2 | 10 years and 3 months ago

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There are many reasons NY landlords do not like tenants to have washing machines, not least the flooding issues (and it does happen) The water & sewer rates as well as the lint and caustic chemicals that some tenants washing produces. The vibrations and noise to the other tenants especially in older Brownstones etc. But I have on more than one occasion ended up with tenants that invite their friends to come over hang out and “do your laundry while you are here”, or another when she got laid off, took in washing! A coin operated washer & dryer in the basement solves all of that.

jib | 10 years and 3 months ago

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I suggest you let them have their “illegal” washing machine and perhaps suggest a reasonable weekly water cost. What is it about New York landlords (and I am one…) and their flooding paranoia? Most civilised cities allow adult tenants to own and operate a washing machine. Crazy huh? I just don’t get this NY thing-seems very old school.