Tenant and visitors

What is the difference between month to month with no lease and a month to month with a lease? She has a lease but it is a month to month and states so. Also, aren’t owner-occupied 2-family homes spared some of the stricter rental codes? And where can I find out as an owner-occupied 2-family what laws I must abide by.
Thanks

JMT

in Landlord 13 years and 9 months ago

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JMT | 13 years and 10 months ago

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We recently bought a 2 family and inherited the upstairs tenant, a quiet single woman in her 40s. She is great, but for the past 6 months or so, she has had a guy living with her on and off. I didn’t mind too much, but recently his friend’s 19 year old daughter has been staying with them (and will be for about 3 weeks). Nobody asked me if it was ok, and I feel a little irritated as it is a small apartment and we share the main entrance. The other day the 19 year old ran out of the house without locking the front door (I have a toddler so this really upset me). Anyway, what is a typical policy on visitors? Neighbors say they put in their lease a 10-day maximum for visitors. Btw, my tenant is month to month and her rent is about 500 below market which we are willing to keep low if it is just her, but I’m starting to rethink this. Any thoughts.

donatella | 13 years and 10 months ago

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I have a couple of recommendations.  First, I think you need to get the person on a yearly lease and lay out the terms and conditions of the lease.  You can also raise the rent (maybe not a lot to start, just to show that you CAN do that).  Sit down and get to know this person a little better and tell her that you need to be told about visitors.  Seriously, we are not in Mayberry.  How are you supposed to know if these people walking around your halls are guests or intruders?  You are concerned about everyone’s safety and that should be a given.  Share when a visitor will be staying.  Lay down a few rules (gently and with confidence).  Express your concerns about safety and the front door and try to get her to see things from your perspective (without apologizing for your existence, this is YOUR HOME, remember?)  My tenants always just tell me if they are having visitors. I never had to ask with the ones I have now (the first inherited tenant was another story).   This way I am actually NICE to the people in the hallway, instead of dialling 911.  And the people then are NICE to me in my own home. 
First, just relax and have a conversation.  You would be surprised at how many issues you can resolve by just sitting down and talking.  Good luck.

jre | 13 years and 10 months ago

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I strongly disagree with donatella, DO NOT give this tenant a lease, you will lose all leverage if you do. They will laugh you out of Court when you raise the issue of one or two additional occupants. Once you give the tenant a lease, they have rights. In Kings County Courts they practically own the house. You may want to have a talk with the tenant and discretely tell her that you bought the house because it was only her living there, if she does not get the message, get rid of her and search for a tenant who you are comfortable with. 

Good luck,

stevecym | 13 years and 9 months ago

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J-
My mother rented a house out some years ago for less than market and all the people did was take advantage of her.  It was really pretty horrible.    Stop trying to be nice.  You are a landlord which is a legitimate business.  Its not a hobby.  You have expenses in that old house.  Treat this like a business and charge market rent.  Then, if the tenant does something you are not happy with (at some point all tenants do something against the grain; it is an inherent part of the landlord – tenant relationship), at least you are getting compensated for the aggravation. 

Steve

rh | 13 years and 9 months ago

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It’s been a long time since I’ve been a tenant, but I wouldn’t have been too happy about having to report every visitor to my landlord. If you think your tenant has taken on a roommate, that’s something to be concerned about. But having a guest for a week or two isn’t a big deal unless it happens all the time. Have a talk with them. Leave a note inside the door reminding them to lock it. Tenants AND landlords can be trouble even when the rent is above market. Sounds to me like you’re looking for an excuse to get rid of them.

Acajou | 13 years and 9 months ago

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Do you even know who these people are in relation to her? If they are immediate family members then you might not have much ground to stand on. You should talk to her about the security issue and maybe get a sense of who these people are to her. While it would be nice of her to inform you of her visitors she doesnt have to unless you request it. Now she is a month to month tenant so even less is required of her. Its your home but its hers too until you give her notice- so tread lightly.

**APARTMENT SHARING from http://www.housingnyc.com/html/resources/attygenguide.html#34** It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant???s dependent children, provided that the tenant or the tenant???s spouse occupies the premises as their primary residence. When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant???s spouse must occupy the shared apartment as a primary residence. A tenant must inform the 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.