Tenant files complaint but does not pay rent due

[cyber19583]

What is the name of your state (only U.S. law)? New York
I am a landlord of a 2 family private dwelling. I have a tenant whose lease expires in 30 days. Tenant has not paid rent for july and seems on the verge of not paying august (will live the security deposit). Tenant has filed complaint with nyc housing division concerning such issues as vermin, roaches, no electricity, no hot water, rubbish in hallway and peeling paint on a living room ceiling. Aforementioned apartment has never had roaches until this tenant, mice problems has to be corrected by having a plumber take out kitchen sink to plug hole, ceiling can be easily repaired, no electricity was an obvious lie, no hot water is true because fuel oil bill cannot be paid because funds are needed from tenant, rubbish is merely storage tubes placed in my walk area not impeding tenants upstairs access.Complaint was filed july 29 2011 lease expires august 31 2011 do i wait for inspectors to appear to confirm my side of story (note: all so called violations are easily fixed, however tenant is required to vacate premises at the noted time) what to do?

 

[BL]

What is the name of your state (only U.S. law)? New York
I am a landlord of a 2 family private dwelling. I have a tenant whose lease expires in 30 days. Tenant has not paid rent for july and seems on the verge of not paying august (will live the security deposit). Tenant has filed complaint with nyc housing division concerning such issues as vermin, roaches, no electricity, no hot water, rubbish in hallway and peeling paint on a living room ceiling. Aforementioned apartment has never had roaches until this tenant, mice problems has to be corrected by having a plumber take out kitchen sink to plug hole, ceiling can be easily repaired, no electricity was an obvious lie, no hot water is true because fuel oil bill cannot be paid because funds are needed from tenant, rubbish is merely storage tubes placed in my walk area not impeding tenants upstairs access.Complaint was filed july 29 2011 lease expires august 31 2011 do i wait for inspectors to appear to confirm my side of story (note: all so called violations are easily fixed, however tenant is required to vacate premises at the noted time) what to do?

Obviously someone will have to let the inspector in .

If there is no hot water and utilities are included in rent , then that is a habitability issue and tenant can claim constructive eviction .

Was there no hot water on July 1st ?

Since what date has there been no hot water ?

The only way for you to have prevailed is to start eviction proceedings ASAP after the tenant did not pay rent but had hot water .

 

[cyber19583]

response

yes i am the landlord i will let inspector in ...after tenant did not respond to request for rent on the 1st the 8th the 15th hot water only was discontinued on the 22nd of july so its going into a second week of no hot water as a result of fuel bill not being paid as per tenant not paying landlord if i have a pay a fine will do so just get rid of this tenant already have tenants lined up for occupancy in sept.

 

[BL]

yes i am the landlord i will let inspector in ...after tenant did not respond to request for rent on the 1st the 8th the 15th hot water only was discontinued on the 22nd of july so its going into a second week of no hot water as a result of fuel bill not being paid as per tenant not paying landlord if i have a pay a fine will do so just get rid of this tenant already have tenants lined up for occupancy in sept.

That could be looked at by a court as self help eviction .

Even though the tenant has/had not Pd. rent , it does not give you the right to shut off utilities .

My advice get it back on and let them end there lease and be done with them .

Keep the months SD for rent owed.

Once the hot water is restored the inspector will give you time according to the severity of violation to correct them.

 

[cyber19583]

how do i go about starting eviction procedures in case tenant decides to try to stay on board after lease expires

 

[BL]

how do i go about starting eviction procedures in case tenant decides to try to stay on board after lease expires

You Are Guilty would know about NYC but I believe it's been posted NY Housing Court has self help info. for landlords.

 

[FarmerJ]

cy not having the money to provide a util included in the lease is not a valid excuse for a LL plan on finding a way to re plumb hot water lines and give the other unit its own hot water heater connected to its util lines , and require in the lease that the tenant pay the hot water cost ,so if the bill for it is not paid it is not your problem its the tenants, AS far as roaches goes even if the tenant introduced them its up to you to get rid of them.