Grounds For Eviction Proceedings

[trust_id_09]

What is the name of your state (only U.S. law)? New York

My Tenant of one year and four(4) months is let's just say is not by any means one's ideal tenant. After our one year least expired, I didn't not renew for many reasons:

1. Paid rent twice (2) on time. Not considered late since there is a 5 days
grace period. Three writen warnings were given stating that rent is due
before or on the due date. All of which were ignored.

2. I recently found out that two (2) other adults live in the one bedroom
apt. while the expired one year lease clearly stated the number of
occupants shall not exceed one (1) person without my consent.

3. Violating the no smoking provision. I dropped by unanounced and there
three males whom I do not know were smoking pot in the house. I can
smell from the entrance door. It was that pungent.

4. I also have a no sublet clause. One of the males there told me he was
the tenant's son and lives there and his name should have been on the
lease as his father told him it would.

5. Noise (loud music in car) complaints from several neighbors. People talk.
We owned that property for over 30 years before I enherited it and
these neighbors know us well and are concern about their neighborhood.
They also confirmed these two males live there for over a couple of
months without me knowing.

Mind you, I am a remote Landlord and counting on good faith from my tenant. I never had any conversation with to that effect whatsoever. Therefore it was done with intent to deceive as he know I don't go to the property only once a month to collect rent.

I was told by the two of them that my tenant (who can't be contacted via phone in over a week) is allowed to have guess. For I know they are using the guess card. What are my legal recourses?
I called the cops and told them they are tresspassing. There is nothing they can do I was told except through Landlord/tenants court system. For my tenant is allowed to have guess as they (the two parasites) told the cops.

Any input will be greatly appreciated. Thanks in advance.

 

[Cvillecpm]

Hire a professional property in the area of your property and have them start eviction....you relied on trust instead of having a professiona handle your property for you....

 

[FarmerJ]

Give them proper written notice telling them they must move out. BUT do speak to atty who can advise you of the best way to do notice since there is more than the original tenant there and send your notice (s) via confirmed mail delivery ,keep a copy for your records with your reciept and if tenant refuses to move out take them to court where your asking the court to enforce your eviction.

 

[Banned_Princess]

very easy actually.

Issue a proper 30 day notice, as noted above.

After 30 days, go to your local civil court, and begin to evict. You do not need a reason to evict, the clerk will have the document you need to file, and instructions on the proper way to file.

Stop accepting rent from her, and sue her for the back rent upon her departure. (that way you can get a judgment for the full amount she owes you.)

Don't forget to handle her security deposit properly.

 

[trust_id_09]

Grounds To Evict...

very easy actually.

Issue a proper 30 day notice, as noted above.

After 30 days, go to your local civil court, and begin to evict. You do not need a reason to evict, the clerk will have the document you need to file, and instructions on the proper way to file.

Stop accepting rent from her, and sue her for the back rent upon her departure. (that way you can get a judgment for the full amount she owes you.)

Don't forget to handle her security deposit properly.

Thanks Princess. I 'll do just that. Would a letter suffice or do I need a formal 30 day notice?

 

[Banned_Princess]

A letter will be fine, as long as you send it certified mail, giving 30 day notice.

You can also post to her door,(Take a picture of that, keep copies)

Or you can have an unrelated person over 18 hand it to her directly.

You just need to be able to say with certainty she got the notice. in time to give her 30 days.


Dear miss, September 16, 2009

Please take notice that I want to regain control of my apartment at XXX first ave, wherever you are NY. in thirty days.

Please accept this as your official 30 day notice, and vacate the premises by October 16 2009.

If you fail to comply I will be forced to take further action as prescribed by law.

Sincerely,
Landlord.

 

[trust_id_09]

Grounds To Evict...

A letter will be fine, as long as you send it certified mail, giving 30 day notice.

You can also post to her door,(Take a picture of that, keep copies)

Or you can have an unrelated person over 18 hand it to her directly.

You just need to be able to say with certainty she got the notice. in time to give her 30 days.


Dear miss, September 16, 2009

Please take notice that I want to regain control of my apartment at XXX first ave, wherever you are NY. in thirty days.

Please accept this as your official 30 day notice, and vacate the premises by October 16 2009.

If you fail to comply I will be forced to take further action as prescribed by law.

Sincerely,
Landlord.

Thanks BP.

 

[Banned_Princess]

By the way, before you do that get the names of everyone living there and be sure to name them too on the notice and eviction proceedings.

 

[trust_id_09]

Grounds to Evict...

What is the name of your state (only U.S. law)? New York

My Tenant of one year and four(4) months is let's just say is not by any means one's ideal tenant. After our one year least expired, I didn't not renew for many reasons:

1. Paid rent twice (2) on time. Not considered late since there is a 5 days
grace period. Three writen warnings were given stating that rent is due
before or on the due date. All of which were ignored.

2. I recently found out that two (2) other adults live in the one bedroom
apt. while the expired one year lease clearly stated the number of
occupants shall not exceed one (1) person without my consent.

3. Violating the no smoking provision. I dropped by unanounced and there
three males whom I do not know were smoking pot in the house. I can
smell from the entrance door. It was that pungent.

4. I also have a no sublet clause. One of the males there told me he was
the tenant's son and lives there and his name should have been on the
lease as his father told him it would.

5. Noise (loud music in car) complaints from several neighbors. People talk.
We owned that property for over 30 years before I enherited it and
these neighbors know us well and are concern about their neighborhood.
They also confirmed these two males live there for over a couple of
months without me knowing.

Mind you, I am a remote Landlord and counting on good faith from my tenant. I never had any conversation with to that effect whatsoever. Therefore it was done with intent to deceive as he know I don't go to the property only once a month to collect rent.

I was told by the two of them that my tenant (who can't be contacted via phone in over a week) is allowed to have guess. For I know they are using the guess card. What are my legal recourses?
I called the cops and told them they are tresspassing. There is nothing they can do I was told except through Landlord/tenants court system. For my tenant is allowed to have guess as they (the two parasites) told the cops.

Any input will be greatly appreciated. Thanks in advance.

Happy to report that I served tenant with paperwork whose content is as follows:
1. Time to cure the breach (30 day notice to have them move out) or he'll
be out.

2. Order him to pay excess water consumption (50% more than the norm).
which he did upon receipt of the bill reflecting normal usage vs curent.

3. Increase the rent.

Lastly, he is forwarned that any violations he'll be evicted. He seemed willing to want to resolve all matters amicably. Which I am willing to do provided that he is sincere.

Lesson learned: It is not always the case that all matters can and must be resolved with the involvement of the courts system. For it is time consuming and costly.

I thank you all for your invaluable contributions.

 

[sandyclaus]

Fine & dandy...

Happy to report that I served tenant with paperwork whose content is as follows:
1. Time to cure the breach (30 day notice to have them move out) or he'll
be out.

2. Order him to pay excess water consumption (50% more than the norm).
which he did upon receipt of the bill reflecting normal usage vs curent.

3. Increase the rent.

Lastly, he is forwarned that any violations he'll be evicted. He seemed willing to want to resolve all matters amicably. Which I am willing to do provided that he is sincere.

Lesson learned: It is not always the case that all matters can and must be resolved with the involvement of the courts system. For it is time consuming and costly.

I thank you all for your invaluable contributions.

So instead of telling them to leave, you gave them a notice to cure instead. Which means that since you visit the apartment only once a month, they can get away with continuing what they are doing. After all, you're not around to monitor the situation, are you?

You did manage to get the additional utility bills covered (for the extended guests, I'll bet), plus you gave them a rent increase (starting in 30 days, I assume?). Did you include that they had to divulge identities of the additional residents to be included on their agreement with you? Did you advise that any additional breaches of this term would result in eviction?

Of course they seem accepting of the new terms. But don't be shocked when you come next time to collect your rent that they have acquired yet more unauthorized long-term "guests" (to offset that rent & utility increase, you know). Either that, or you will return to a home that's now trashed and empty because your "cooperative" tenants decided to completely ignore you and jump ship altogether.

You NEED to hire a property manager to watch over and monitor your property -IMMEDIATELY- to protect your financial interest and peace of mind.

 

[trust_id_09]

Grounds to Evict...

So instead of telling them to leave, you gave them a notice to cure instead. Which means that since you visit the apartment only once a month, they can get away with continuing what they are doing. After all, you're not around to monitor the situation, are you?

I did order (w/ 30 day notice) the one tenant I have a contract with
to have the extra 2 "guests" to live.

You did manage to get the additional utility bills covered (for the extended guests, I'll bet), plus you gave them a rent increase (starting in 30 days, I assume?). Did you include that they had to divulge identities of the additional residents to be included on their agreement with you? Did you advise that any additional breaches of this term would result in eviction?
Of course they seem accepting of the new terms. But don't be shocked when you come next time to collect your rent that they have acquired yet more unauthorized long-term "guests" (to offset that rent & utility increase, you know). Either that, or you will return to a home that's now trashed and empty because your "cooperative" tenants decided to completely ignore you and jump ship altogether.

You NEED to hire a property manager to watch over and monitor your property -IMMEDIATELY- to protect your financial interest and peace of mind.

• Yep I got my $ for Utiity bill (water and sewer). He pays his own
• electric bills.
• I unequivocally told him I don't want them in there for smoking pot and
  or smoking and no sublet clause violations (period).
• Yes any further violations he'll be evicted.

Thanks.

 

[BL]

A letter will be fine, as long as you send it certified mail, giving 30 day notice.

You can also post to her door,(Take a picture of that, keep copies)

Or you can have an unrelated person over 18 hand it to her directly.

You just need to be able to say with certainty she got the notice. in time to give her 30 days.


Dear miss, September 16, 2009

Please take notice that I want to regain control of my apartment at XXX first ave, wherever you are NY. in thirty days.

Please accept this as your official 30 day notice, and vacate the premises by October 16 2009.

If you fail to comply I will be forced to take further action as prescribed by law.

Sincerely,
Landlord.

You are in NY and therefor , if you are going to give legal advice - give proper legal advice .

These tenants reverted to M-T-M tenants ( 1st until the end of the month ) , as the poster stated they had a 5 day grace period .

30 day notices must be given before the beginning of the month and gives the tenant until the end of the following month to vacate .

IE: notice by Sept. 30th , 2009 , vacate by Oct. 31st - midnight , 2009 .

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

http://www.housingnyc.com/html/resources/attygenguide.html#1

 

[Alaska landlord]

Lesson learned: It is not always the case that all matters can and must be resolved with the involvement of the courts system. For it is time consuming and costly.

I think the lesson is yet to be learned in this situation. Please post a follow-up in a month or so.

 

[trust_id_09]

Grounds For Eviction- UPDATE

I think the lesson is yet to be learned in this situation. Please post a follow-up in a month or so.

It has been a couple of months and I am happy to report that the tenant humbly asked to work things out. And he did.

His guesses (son and god child: both grown men) are no longer living there.

Pay his rent surprisingly early even after the increase ( for which he was due for one).

Utilities are back to normal usage.

No smoking.

He has a good deal, he took me for granted and got caught. At least he man up and remedy the problem he created.

A NYC apt. in a private house, virtually alone. The upper apt is not rented, tough market. innexpensive per NY standard, renovated and the works...
All that for $950/ month. A steal. I would comply too.

Thanks you All. I am glad it worked out w/o the courts involved.