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evicting tenant and troublesome boyfreind

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Rames

Junior Member
What is the name of your state (only U.S. law)?
I am in NY state. I am about to evict a month to month tenant who moved in a boyfreind who is disruptive to other tenants and is an unstable troublemaker. He is not on the month to month lease agreement. I am concerned about waiting out the 30 days notice and what this guy is going to pull on my tenants and do to my property. Since he is not on the lease, do I have any rights to remove him if he acts up and can I get a restraining order? Thank you so much for your help.
 


BL

Senior Member
What is the name of your state (only U.S. law)?
I am in NY state. I am about to evict a month to month tenant who moved in a boyfreind who is disruptive to other tenants and is an unstable troublemaker. He is not on the month to month lease agreement. I am concerned about waiting out the 30 days notice and what this guy is going to pull on my tenants and do to my property. Since he is not on the lease, do I have any rights to remove him if he acts up and can I get a restraining order? Thank you so much for your help.
Which is it , a month to month ( verbal lease ) , or month to month ( written lease agreement ) ?

At any rate , if the boyfriend is being disruptive ( you don't say how ) , depending on the severity you can ban him from the property .

If month to month verbal , just give proper notice and then evict if necessary .

If month to month written term lease , you should evict for a nuisance .

First : Give notice to cure the issue .

Second : If month to month verbal , you can just give proper 30 day notice to end the rental .

Third : If lease term , the issues must rise to the level of lease violations .

Police reports would be good , letters from other tenants of harassment / disruptions , etc .

You must have something to back up either an eviction , or banning the boyfriend from the property , otherwise the tenant can have guest , and you would have cause for a term lease eviction .

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf
 

Rames

Junior Member
Thanks for answering my post. The apt is not in NYC so it is not as hard to give notice.

The tenant signed a written month to month rental agreement in which she agreed that she would be the only tenant in the apt and that she would not smoke. We are a house of non smokers and I had turned away over 20 couples. I really stressed these two issues when I interviewed her and she looked me right in the eye and gave her word. The agreement also said that either party could terminate the agreement by giving 30 days notice.

Consequently, she moved in her unemployed boyfriend as soon as she took possession. He smokes constantly, often next to open windows. The smoke is drifting up to our third floor tenants windows and in the hallways. Other tenants are complaining about the smoke and also telling us that they are being woken at all hours with loud phone conversations on the roof (where he also smokes), booming music, moving furniture around and banging doors. He has not responded well to requests to turn it down, often making more noise. Its been 3 months and we have decided to give the tenant the 30 days required notice . I am concerned that his behavior will escalate once we do this. He acts very immature. I sense trouble whether it will be harassment of other tenants or destruction of property and I just wanted to get my rights straight. Does he have more rights as a guest of my tenant's, than I, as the the landlady? Can he make our lives tense and miserable when he is not on the rental agreement and I don't even know his last name. I hate to be a whiner but I am furious but I don't want to be the one who goes to jail or gets sued getting into it with this guy.


I Have talked to the tenant. She continues to look me in the eye and Lie. That is why I am giving her notice.

Thank you for any advice you can give. It is greatly appreciated.
 

Mrs. D

Member
If she signed a lease stating "no smoking in the apartment," then she is in violation of the lease. If she signed a lease stating that she will afford "peaceful enjoyment" of the premises to others, then she is in violation of the lease. If NY state law states that tenants will behave in a manner to give others "peaceful enjoyment" of the premises, she is in violation of state landlord/tenant law. If she signed a lease stating that she would be the sole occupant of the premises, and has a guest every single night, she is in violation of the lease.

For the smoking and peaceful enjoyment, issue her a 3 or 5 day (whatever is required by NY law) notice to remedy or quit. If the issue continues beyond 3 or 5 days, then act to evict her.

For the unauthorized occupant, look up your state laws regarding when someone becomes a tenant. It's usually in the form of X number of consecutive nights spent there. If he's been there longer than that, then issue her the same 3 or 5 day remedy or quit notice. Your state law might not have this, but you've got plenty of ammo to tell her to shape up or ship out otherwise.

A tenant is responsible for requiring their guests to behave in accordance with the lease. Therefore, even though it is her boyfriend violating the lease, the tenant is responsible and can be evicted for failing to control her "guest."
 

BL

Senior Member
Thanks for answering my post. The apt is not in NYC so it is not as hard to give notice.

The tenant signed a written month to month rental agreement
in which she agreed that she would be the only tenant in the apt and that she would not smoke. We are a house of non smokers and I had turned away over 20 couples. I really stressed these two issues when I interviewed her and she looked me right in the eye and gave her word.
The agreement also said that either party could terminate the agreement by giving 30 days notice.
Consequently, she moved in her unemployed boyfriend as soon as she took possession. He smokes constantly, often next to open windows. The smoke is drifting up to our third floor tenants windows and in the hallways. Other tenants are complaining about the smoke and also telling us that they are being woken at all hours with loud phone conversations on the roof (where he also smokes), booming music, moving furniture around and banging doors. He has not responded well to requests to turn it down, often making more noise. Its been 3 months and
we have decided to give the tenant the 30 days required notice
. I am concerned that his behavior will escalate once we do this. He acts very immature. I sense trouble whether it will be harassment of other tenants or destruction of property and I just wanted to get my rights straight. Does he have more rights as a guest of my tenant's, than I, as the the landlady? Can he make our lives tense and miserable when he is not on the rental agreement and I don't even know his last name. I hate to be a whiner but I am furious but I don't want to be the one who goes to jail or gets sued getting into it with this guy.


I Have talked to the tenant. She continues to look me in the eye and Lie. That is why I am giving her notice.

Thank you for any advice you can give. It is greatly appreciated.
If your written agreement isn't a longer than one month ( ie: from start date to end date say for 6 month to a year ) , you simply give notice ( written is better ) by the last day of the month ( 30th , 31st ) , giving them until the end of the next month to vacate .

Notice tenant and all occupants .

If they won't vacate , evict .

If it's a longer term written agreement , it becomes a term lease ( Example month-month from Jan. 1 - Dec 31 ) , then you would have to use the violations to evict .

NY law allows for family member and/or one other occupant into a rental . The tenant has to notify the LL within 30 days of the occupants information .

Anything written into a lease that goes against State laws is unenforceable .

http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf
 

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