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Tenant's Disapearing Act

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


I have had a troublesome tenant for over one year and a half. Problems range from allowing unauthorized (supposed guess: his adult son and godson) to stay for month at a time while he is away w/o my knowledge to violating many provisions of his lease.

Which is now a month to month since I did not renew the year long lease I had with him originally. These violations include: smuggling a washer machine into the dwelling w/o permission, smoking (his son and 3 other adult males were smoking pot in the apt. to his godson playing loud music in his car in front of the building which is a nuisance to the neighbours.

Lastly he paid the rent on time once. The rest of the time, he paid late without exceeding, the 5 day grace period nonetheless.

When I called to inform him of these extra guesses he did not return my calls for a week. And he was not at the house either. I called the Police to report these people who were in the rental house unknown to me. The son was pressed to tell the cop his father was helping someone move to Canada.

Though, not a violation per se, I have bills to pay and I kindly reminded him on several occasions that I would much rather he paid on or before the slated due date which the 3rd of every month. To no avail.

Four months ago I wrote him several warnings and requested that his adult son move out of the house in 30 days as well as all my other concerns. All of which were served to him in person. I also increase the rent recant the grace
period for due rent and impose a $50 penalty if late that is 12:01 AM on the 4th of every month. He was also told should any of the previous violations occur; I will start evection proceedings in writing in the form of a Notice to Cure or Quit. At this point I know what to do next. But I am not looking forward to what could be next.


Any input will be greatly appreciated!:(What is the name of your state (only U.S. law)?
 


Banned_Princess

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


I have had a troublesome tenant for over one year and a half. Problems range from allowing unauthorized (supposed guess: his adult son and godson) to stay for month at a time while he is away w/o my knowledge to violating many provisions of his lease.

Which is now a month to month since I did not renew the year long lease I had with him originally. These violations include: smuggling a washer machine into the dwelling w/o permission, smoking (his son and 3 other adult males were smoking pot in the apt. to his godson playing loud music in his car in front of the building which is a nuisance to the neighbours.

Lastly he paid the rent on time once. The rest of the time, he paid late without exceeding, the 5 day grace period nonetheless.

When I called to inform him of these extra guesses he did not return my calls for a week. And he was not at the house either. I called the Police to report these people who were in the rental house unknown to me. The son was pressed to tell the cop his father was helping someone move to Canada.
Though, not a violation per se, I have bills to pay and I kindly reminded him on several occasions that I would much rather he paid on or before the slated due date which the 3rd of every month. To no avail.

Four months ago I wrote him several warnings and requested that his adult son move out of the house in 30 days as well as all my other concerns. All of which were served to him in person. I also increase the rent recant the grace
period for due rent and impose a $50 penalty if late that is 12:01 AM on the 4th of every month. He was also told should any of the previous violations occur; I will start evection proceedings in writing in the form of a Notice to Cure or Quit. At this point I know what to do next. But I am not looking forward to what could be next.


Any input will be greatly appreciated!:(What is the name of your state (only U.S. law)?
Evict anyone and everyone in the house, are you in NYC or outlining state?



Also, you cant restrict your tenants guests. Especially not by calling the cops on them.
 
Last edited:
Eviction is imminent

Evict anyone and everyone in the house, are you in NYC or outlining state?
[/B]
The property is in Brooklyn, NY which is considered Kings county and very much pro tenant.

I however, live in Suffolk county and I am an absentee Landlord. I go there once a month which my chief concern.
 

Searchertwin

Senior Member
You need to get rid of them quickly. Your tenants smoking pot could cause YOU a lot of trouble. Plus YOU ARE AWARE of it can mean double trouble for you. If you smell the stuff and know for sure it is, contact the police right than and there.
 

Banned_Princess

Senior Member
The property is in Brooklyn, NY which is considered Kings county and very much pro tenant.

I however, live in Suffolk county and I am an absentee Landlord. I go there once a month which my chief concern.
Well, you will have to go to the Brooklyn civil courthouse to evict them.
You kind of need to name everybody that may be living there, (whether or not you approved them makes no difference) You might be able to be awarded a "removal of all tenants, named and un named" but I'm not sure.

So a 3 day cure or quit (whatever of the many violations) then to Brooklyn to sue for possession of your rental back. If they havent paid then that is best Pay or quit. THEN off to Brooklyn to sue for your rental back.
 

atomizer

Senior Member
Evict tenant ET Al.

“Et al.’ is a scholarly abbreviation of the Latin phrase et alia, which means “and others.” It is commonly used when you don’t want to name all the people or things in a list, and works in roughly the same way as “etc.” “The reorganization plan was designed by Alfred E. Newman, General Halftrack, Zippy the Pinhead, et al.; and it was pretty useless.” The “al.” in this phrase needs a period after it to indicate it is an abbreviation of alia; but it is incorrect to put a period after “et.”

et al.
 
Your verbal changes to the contract for late time and fees and the changes to tenancy must be in writing and given with 30 days advance notice. Dont call cops or get mad just start legal procedings and get your property back. good luck
 
Tenant is not even answering his cell phone...

Your verbal changes to the contract for late time and fees and the changes to tenancy must be in writing and given with 30 days advance notice. Dont call cops or get mad just start legal procedings and get your property back. good luck
It was not done verbally, I hand delivered it to him nearly four months ago.

Therefore, that is a none issue.

Thanks anyway.
 
30 Day Notice to follow

Well, you will have to go to the Brooklyn civil courthouse to evict them.
You kind of need to name everybody that may be living there, (whether or not you approved them makes no difference) You might be able to be awarded a "removal of all tenants, named and un named" but I'm not sure.

So a 3 day cure or quit (whatever of the many violations) then to Brooklyn to sue for possession of your rental back. If they haven't paid then that is best Pay or quit. THEN off to Brooklyn to sue for your rental back.
Thanks BP, in the 30 day notice I can specify the tenant's name, John Doe and Jane Doe which pretty much cover any unknown under tenant who have been living there.

Did I mention that I have been calling for seven days straight and I get the proverbial recording voice mail full to call back later BS on his cell.

He claimed in his voice msg. he left me last saturday night one (1) day before his rent is due, that he has an emergency and failed to specify what king of emergency. I can see the writing on the wall.

I am not sure, I've read that seven days (7) is the max # of disappearing act a tenant can have w/o notifying his landlord. Can anyone verify that for me , please?

My plan is to stage a 24 hour request to enter the premises post it on his door w/ picture of course. In addition to the The 3 day Pay or quit notice.

Then get a police to accompany me inside to ensure that he did not abandon the premises.
I did some investigating work on my own by calling his supervisor (who gave me a work reference) for him a year and a half ago. He told him he has been on disability for over sis months (he supposedly injured his hands) Note that he does manual labor for a government agency and has been there for a little over 10 years. Milking the system time. His boss does not even know when and if he will return. My wheel started turning from then on.

Wish me luck, I will need it.

Thank you all!
 

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