Tenant demands payment

[Harry]

I gave my tenant (NYS) a letter to vacate the premises in 30 days. I am selling the house and want it vacant he had an oral month to month lease. He wasn't too happy about this.

I just got a letter demanding payment for 4 years of caretaking services, I live out of town and there were times he had to take care of the property and yard and fix things and call plumbers electricians etc., granted. The letter reminded me of the times when I showed up at the premises without notice (documented) and once when I wanted to do some cement work in the backyard and I let myself into the garage. I put a solvent on the cement that tenant now claims he slipped on and hurt his back (he did mention this when it happened), over a year ago. Should I pay to avoid any future law suits? He is asking for $2000.00

 

[Harry]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by meee:
You are in New York not some backwoods state like Alabama.

Of course it is Illegal for him to do this... but practically paying him the $2000 to move ON A SPECIFIED DATE, would be far cheaper then paying it to a lawyer, and then risk the sale of the house because he wont leave.

Consider it moving expenses, and then add it to the cost of selling your house, to reduce your taxes.

Since you will have a lawyer when selling your house, a letter stating that you will pay him the $2000 as full payment upon leaving the premisis "broom clean" on August 31st.

I guess he is using the security for August's rent.

If he chooses to not to vacate the premisis then the agreement is void and the new monthly rent starting on Sept 1st. will be DOUBLE the august rent and it will NOT be prorated. If he stays one day he owes you double the rent.

That hopefully will avoid any problems....

remeber you want to sell the house, EMPTY!

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Meee: You stated in your above quote "Of course it is Illegal for him to do this..." What is Illegal? The tenant asking for money for caretaking and mentioning my announced visits? Or what?? I am still confused about this. Thanks!

<HR></BLOCKQUOTE>

 

[mee]

yes its Illegal for a tenant to demand money to leave an apartment, but as a practical matter its the cheapest way out.

And so what about caretaking of the property,
Any responsible tenant would call the plumbers etc. when you cant come right away... And what was in the lease?

Were YOU obligated to maintatin the yard or was the tenant?

He has no legal right to demand the $2000 but as a practical you should have your lawyer write up a settlement agreement..

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Harry:
<HR></BLOCKQUOTE>

 

[mee]

One more thing since Aug 31st is a Thursday,
Have the settlemnt read, at 5 pm on August 31st tenant is to vacate the apartment, and an Inspection will be done apartment is to be left in broom clean condition, if acceptable, meaning the sink stove bathroom rugs yard are clean enough so you dont have to spend days doing it over....then tenant can pick up a certified bank check at the lawyers office and will sign a release...

and its OVER ........

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mee:
yes its Illegal for a tenant to demand money to leave an apartment, but as a practical matter its the cheapest way out.

And so what about caretaking of the property,
Any responsible tenant would call the plumbers etc. when you cant come right away... And what was in the lease?

Were YOU obligated to maintatin the yard or was the tenant?

He has no legal right to demand the $2000 but as a practical you should have your lawyer write up a settlement agreement..

======================================

<HR></BLOCKQUOTE>

 

[Harry]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mee:
yes its Illegal for a tenant to demand money to leave an apartment, but as a practical matter its the cheapest way out.

And so what about caretaking of the property,
Any responsible tenant would call the plumbers etc. when you cant come right away... And what was in the lease?

Were YOU obligated to maintatin the yard or was the tenant?

He has no legal right to demand the $2000 but as a practical you should have your lawyer write up a settlement agreement..

======================================

<HR></BLOCKQUOTE>
Can the tenant sue me for slipping on the solvent I put down without tenant's knowledge, even though this occured a year or two ago? And what about the times when I came to premises (once i let myself in) without giving him notice in advance. Am I liable for those occurences?

 

[mee]

Sure he can sue you anybody can...but does he have any medical bills did he miss work?
He has to document it, and anyway your homeowners insurnce would handle it.

Its your house not his...you are allowed to go in anytime there is an emergency....

So if he wants a fight well what can you do? nothing......hopefully he will go away after this...

You could have the lawyer add that the money is for any all claims arising out of his tennancy. That would cover you....he probably wouldn't have a clue.

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Harry:

Originally posted by mee:
yes its Illegal for a tenant to demand money to leave an apartment, but as a practical matter its the cheapest way out.

And so what about caretaking of the property,
Any responsible tenant would call the plumbers etc. when you cant come right away... And what was in the lease?

Were YOU obligated to maintatin the yard or was the tenant?

He has no legal right to demand the $2000 but as a practical you should have your lawyer write up a settlement agreement..

======================================

<HR></BLOCKQUOTE>
Can the tenant sue me for slipping on the solvent I put down without tenant's knowledge, even though this occured a year or two ago? And what about the times when I came to premises (once i let myself in) without giving him notice in advance. Am I liable for those occurences?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Harry:
I gave my tenant (NYS) a letter to vacate the premises in 30 days. I am selling the house and want it vacant he had an oral month to month lease. He wasn't too happy about this.

I just got a letter demanding payment for 4 years of caretaking services, I live out of town and there were times he had to take care of the property and yard and fix things and call plumbers electricians etc., granted. The letter reminded me of the times when I showed up at the premises without notice (documented) and once when I wanted to do some cement work in the backyard and I let myself into the garage. I put a solvent on the cement that tenant now claims he slipped on and hurt his back (he did mention this when it happened), over a year ago. Should I pay to avoid any future law suits? He is asking for $2000.00<HR></BLOCKQUOTE>

There are valid arguments for both sides but given the circumstances, my advice is to settle with the tenant.

I do not agree with meee and the alt ego mee on at least 2 issues.

1) the writer stated that the tenant demanded money for services rendered and not for just leaving ie. a free parting gift just for being on the show. It is perfectly legal for a tenant to ask for payment for services and reimbursement. In some cases it is perfectly legal for a tenant to ask the landlord to pay the tenant to move out. Of course bribery and extortion would be illegal.

I am sure in this situation, that the tenant actually did work which was the landlords responsibility due to the absentee landlord situation.

2) the writer stated that entry was made into the garage to do some cement work in the back yard. This was done without notification and approval of the tenant. This type of work is not considered emergency work that would give the landlord "free" access. You are using the emergency access criteria as a flimsy excuse for the landlords illegal actions. In addition, the writer admits that this was not a one time occurance.

Lastly to the writer, although not a L/T issue, the writer used the term "cement work". The proper term should have been
"concrete work" since cement is only one ingredient in addition to water, sand, aggregates etc. that make up concrete. That is the concrete fact from the HomeGuru.

[This message has been edited by HomeGuru (edited July 31, 2000).]

 

[Harry]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
There are valid arguments for both sides but given the circumstances, my advice is to settle with the tenant.

I do not agree with meee and the alt ego mee on at least 2 issues.

1) the writer stated that the tenant demanded money for services rendered and not for just leaving ie. a free parting gift just for being on the show. It is perfectly legal for a tenant to ask for payment for services and reimbursement. In some cases it is perfectly legal for a tenant to ask the landlord to pay the tenant to move out. Of course bribery and extortion would be illegal.

I am sure in this situation, that the tenant actually did work which was the landlords responsibility due to the absentee landlord situation.

2) the writer stated that entry was made into the garage to do some cement work in the back yard. This was done without notification and approval of the tenant. This type of work is not considered emergency work that would give the landlord "free" access. You are using the emergency access criteria as a flimsy excuse for the landlords illegal actions. In addition, the writer admits that this was not a one time occurance.

Lastly to the writer, although not a L/T issue, the writer used the term "cement work". The proper term should have been
"concrete work" since cement is only one ingredient in addition to water, sand, aggregates etc. that make up concrete. That is the concrete fact from the HomeGuru.

[This message has been edited by HomeGuru (edited July 31, 2000).]<HR></BLOCKQUOTE>

I forgot to mention that Tenant hasn't paid the Rent last month and this month. Tenant upon hearing that I am selling told me that he wouldn't pay and was putting rent in escrow till this is worked out. My lawyer has told him to vacate by the end of this month. And, i haven't replied to tenant about his demands yet!

Harry

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Harry:
I forgot to mention that Tenant hasn't paid the Rent last month and this month. Tenant upon hearing that I am selling told me that he wouldn't pay and was putting rent in escrow till this is worked out. My lawyer has told him to vacate by the end of this month. And, i haven't replied to tenant about his demands yet!

Harry<HR></BLOCKQUOTE>

The $2000 settlement should sound like an even better deal to you now. Can it get any worse? Well the tenant has a right to sue you first and may do so. Do you think a Buyer is going to buy the property knowing that there is a dispute with the tenant? Remember you have not been a "clean" landlord.

 

[peter]

Harry:

This is rediculous.......kick the bum out!

He owes you 2 months rent.. and he wants money to move......well duduct the 2 months from the $2000 he demanded and pay him the difference, on the 31st of this month and if he is not out, the file an eviction and demand he pay you back, 3 months rent, since it will be september... And make a list of all damages to be deducted from the security deposit and take lots of pictures to present in court....he cannot win in court he has no standing......we were just thinking of a practical way to get rid of him..

But since he refuses to pay rent...screw him

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Harry:
I forgot to mention that Tenant hasn't paid the Rent last month and this month. Tenant upon hearing that I am selling told me that he wouldn't pay and was putting rent in escrow till this is worked out. My lawyer has told him to vacate by the end of this month. And, i haven't replied to tenant about his demands yet!

Harry<HR></BLOCKQUOTE>

 

[harry]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Harry:
I forgot to mention that Tenant hasn't paid the Rent last month and this month. Tenant upon hearing that I am selling told me that he wouldn't pay and was putting rent in escrow till this is worked out. My lawyer has told him to vacate by the end of this month. And, i haven't replied to tenant about his demands yet!

Harry<HR></BLOCKQUOTE>

Can my Tenant sue me in small claims court for the above? With all his proof of my allegedly illegal entries etc as evidence, is this admissible?

 

[peter]

ITS YOUR HOME NOT HIS.......

so if he is not out by the end of this month Evict him....pay a lawyer....or pay him, and make himsign a release that this releases you from all claims by him..and here we get legal

"From the beginning of time till this date"

That should end this...

Also why are you so afraid to pay a lawyer, it is considered a necessary expense when it comes to the IRS, just like water, sewer, insurance, real estate taxes, repairs ALL are deductable as a cost of doing business.

oh oh you dont claim this money on the tax forms...

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by harry:
Can my Tenant sue me in small claims court for the above? With all his proof of my allegedly illegal entries etc as evidence, is this admissible?<HR></BLOCKQUOTE>