Deadbeat Tenants

[CJMZ]

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

We are currently in the process of trying to collect back rent from a tenant (by court order) and then will proceed to eviction and sue for damages.

Shortly after receiving the 10 day notice, they called the city and had them inspect the apartment for code violations. The city sent (to the address listed and not the owners address) a list of 7 violations.
With the exception of 1 violation (no carbon monoxide alarm) all of the violations were caused by the tenant. Prior to the tenant moving in, we had a contractor do work to that apartment and it looked great.
Since then, she has allowed 3 extra people and a large Great Dane to move in who caused most of the damage and they did ad hoc modifications to the apartment - added plywood doors to openings in the apartment, broke out windows using the hose from the sink to outside to wash their cars(all which were prohibited in the lease). Broke the handles of the tub and let the water run for weeks before telling anyone etc.
By their own admission, they hid the people and the dog when whenever we were there (1 hour away from us).
Since we did not receive the letter from the city in a timely manner, we now only have 2 weeks to fix most of the repairs. Am in the process of setting up a time to review and fix (but their phone number doesn't work and they don't answer the door) have to do it by mail and hope that they comply.
Will ask for an extension from the city - but basically it all stems to the fact that they caused the damage and are using it to prolong their time there. Do landlords ever have recourse against deadbeats? Can we protest to the city that they caused the damage and should be responsible for the repairs.

 

[ecmst12]

Tenant's can't claim retaliation when they didn't report the supposed 'violations' until AFTER receiving the eviction notice. Proceed with the eviction as quickly as possible and if you can, get them out BEFORE attempting any repairs, since they will probably break stuff again anyway. The dog and the extra occupants are in violation of their lease, that should be sufficient reason for eviction even if they are getting caught up on their rent.

 

[BL]

We are currently in the process of trying to collect back rent from a tenant (by court order) and then will proceed to eviction and sue for damages.

If they owe rent , start eviction proceedings .

Do NOT accept any rent for the current month , if back rent is owed .

You'll win , they'll lose , then have the Marshall physically evict them , if they are not gone .

Post a 24 hr. notice to enter on their entry door ( take a wittiness and a picture of the notice posted ) , then enter and get the C/O installed .

Asked the city for an extension on the rest as the tenant caused the damage and you are in eviction process , and explain once they are out , you'll repair , as long as they are not immediate issues .

Non payment of rent is different from retaliation .

Then sue for back rent .

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

NYC Rent Guidelines Board

http://law.onecle.com/new-york/real-property/RPP0223-B_223-B.html

4. In any action to recover real property or summary proceeding to
recover possession of real property, judgment shall be entered for the
tenant if the court finds that the landlord is acting in retaliation for
any action set forth in paragraphs a, b, and c of subdivision one of
this section and further finds that the landlord would not otherwise
have commenced such action or proceeding. Retaliation shall be asserted
as an affirmative defense in such action or proceeding. The tenant shall
not be relieved of the obligation to pay any rent for which he is
otherwise liable.

c. Judgment under subdivision three or four of this section was
entered for the tenant in a previous action between the parties; or an
inspection was made, an order was entered, or other action was taken as
a result of a complaint or act described in paragraph a or b of this
subdivision.
But the presumption shall not apply in an action or proceeding based
on the violation by the tenant of the terms and conditions of the lease
or rental agreement, including nonpayment of the agreed-upon rent.

 

[aabbcc]

You need to screen your tenants.
It's unlikely they decided to become bad tenants after moving into your property. I would bet money these people have a long history of bad credit. Do you even know their FICO score?

 

[applecruncher]

You need to screen your tenants.
It's unlikely they decided to become bad tenants after moving into your property. I would bet money these people have a long history of bad credit. Do you even know their FICO score?

Yes, OP needs to screen tenants better, but FICO score does not reveal whether or not people pay rent on time. Some people pay other creditors on time but stiff the landlords, and landlords don’t always bother taking them to court. Even if they were evicted that would not show up in a FICO score or a credit report unless there was an actual money judgment. On the flip side, some people have lousy FICO scores but excellent rental payment history.

 

[ManchVegas]

Check your laws

Obviously, it is the tenant who is retaliating here.

I would go to the Superior Court with the report of damages from the CIty and get an ex-parte order from the Judge to have them removed immediately by the Sherrif. They can be criminally prosecuted for the retaliatory damage and you can be awarded double the damages in most jurisdictions.

 

[BL]

Obviously, it is the tenant who is retaliating here.

I would go to the Superior Court with the report of damages from the CIty and get an ex-parte order from the Judge to have them removed immediately by the Sherrif. They can be criminally prosecuted for the retaliatory damage and you can be awarded double the damages in most jurisdictions.

What you talk'n about Willis ?

Get your facts straight .

 

[applecruncher]

BL:

YouTube - Whatcha talkin bout Willis

 

[ManchVegas]

Check Your Laws

Emphasis on YOUR.

Tenant is usually precluded from willfully and maliciously causing damage after being served eviction notice. It is a crime. There are remedies available.

 

[BL]

Emphasis on YOUR.

Tenant is usually precluded from willfully and maliciously causing damage after being served eviction notice. It is a crime. There are remedies available.