Evict a bad tenant in nyc

[csp9096]

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

The tenant signed a 2 years lease is part of the deal when i bought the house from the previous owner. He lives in 1st floor of the house. My wife and I lives on 2nd floor of the house. Although the lease will get expire on 9/30/2014, I found there are a lot of issues with my tenant.

Problem #1: The lease clearly said no pet is allowed but I promised that he could get a 20 gallon fish tank. He bought a 54 gallon fish tank and now changed to a 100 gallon tank.

Problem #2: He gets a cleaning lady every month to do the house cleaning for him as he claim he is disabled. Unfortunately, every time the cleaning lady get here she makes a water leak from the bathroom though the basement. I tried to speak to my tenant about the problem and he keep telling me that I need to fix the toilet where he believe is leaking buy there is actually no leaking besides the lady does the cleaning.

Problem #3: The tenant is loud and disturbing the peace. He is yelling, laughing loud and speaking extreme loud on the phone or by himself at midnight and early morning. I tried to talk to him but he told me that it's the way that he speaks and my wife and I are not that quite from 2nd floor either.

I m very very tired to deal with this tenant

Is there any legal suggestion that I can evict him out due the lease period? Or after the lease expired?

**There is a big concern to me because the tenant has some kind of disability. Sometime he need to walk with a walker and sometime he walks with a stick but he can drive, lift heavy stuff, etc.


Thank You So So Much for Advisement..

-Tom

 

[FarmerJ]

Tom for a number of years now as needed I would use a cane when my back was bad then about 11 months ago I had a fall and my feet, legs, back so bad I used a walker at home and ended up using two canes while at work and still drove sometimes automatic some times manual , but now due to dr orders its ADA at work, the point of my saying this is that your tenants ability to walk with minimal support ( one cane) more support (walker) can vary including his ability to move around with out any support. As far as the fish tanks unless you had size limits into writing not much you can do about it until lease renewal time, his cleaning lady and leaks I suppose a certified letter that spells it out, day before she comes there is no water down in basement , if you know for sure there is no leak as in toilet wax ring is good , rubber gasket from tank to stool is good, water flush control ok, flapper ok bolts to floor , toilet not over flowing, then put it into the letter and make it clear that this damage on her cleaning day must cease and he will be held accountable for the damage . Since you have the time Id suggest too that you use the links above to consult with a atty about best way to record sound that carries from the rented unit to yours , to not renew with this tenant, I think your really stuck. (if he disturbs the peace call the police and report it, enough reports where you can get written proof then maybe you can use them against the tenant) Btw if this tenant ever tries to hold back rent go full steam ahead and begin your states process to evict for non pay.

 

[Dave1952]

Sorry Tom but I'm not getting it.
1) His fish tank is bigger than you had approved. So what's the problem? 100gal is about 850 lbs. That's not a lot in a building.
2) He has his apartment professionally cleaned. Uh, this is a good thing. Have you determined why there is a leak in your property? Is the cleaning lady mopping with too much water? What's going on with this leak?
3) He's loud. This is a common complaint amongst apartment dwellers. I've no idea how loud he is but you can try carpeting. A radio may mask his noise, too.

 

[csp9096]

Tom for a number of years now as needed I would use a cane when my back was bad then about 11 months ago I had a fall and my feet, legs, back so bad I used a walker at home and ended up using two canes while at work and still drove sometimes automatic some times manual , but now due to dr orders its ADA at work, the point of my saying this is that your tenants ability to walk with minimal support ( one cane) more support (walker) can vary including his ability to move around with out any support. As far as the fish tanks unless you had size limits into writing not much you can do about it until lease renewal time, his cleaning lady and leaks I suppose a certified letter that spells it out, day before she comes there is no water down in basement , if you know for sure there is no leak as in toilet wax ring is good , rubber gasket from tank to stool is good, water flush control ok, flapper ok bolts to floor , toilet not over flowing, then put it into the letter and make it clear that this damage on her cleaning day must cease and he will be held accountable for the damage . Since you have the time Id suggest too that you use the links above to consult with a atty about best way to record sound that carries from the rented unit to yours , to not renew with this tenant, I think your really stuck. (if he disturbs the peace call the police and report it, enough reports where you can get written proof then maybe you can use them against the tenant) Btw if this tenant ever tries to hold back rent go full steam ahead and begin your states process to evict for non pay.

Hi Farmer, Thanks for reply especially you point an example of the tenant's ability to walk.
Actually, he has the disability certificate in his car. I don't really care how he walks but I concern if I bring the case to court the Judge would more favor on his side because of his disability reason?
I am kind stuck because there is still 8 month until the lease expired. If I talk to him straight, we could end up a conflict.
Would it be a better idea to just wait until the lease expire and tell him to move because I will not going to offer a new lease?

Thanks.
-Tom

 

[csp9096]

Sorry Tom but I'm not getting it.
1) His fish tank is bigger than you had approved. So what's the problem? 100gal is about 850 lbs. That's not a lot in a building.
2) He has his apartment professionally cleaned. Uh, this is a good thing. Have you determined why there is a leak in your property? Is the cleaning lady mopping with too much water? What's going on with this leak?
3) He's loud. This is a common complaint amongst apartment dwellers. I've no idea how loud he is but you can try carpeting. A radio may mask his noise, too.

Hi Dave,

First, thx for reply.

1) I am really worry the 100 Gallon of salt water could do big damage to the floor if it gets leaked. And, because of this fish tank, he always invite his friends home which making lots of the noise.
2) I also doubt the cleaning lady mopping with too much water in the bathroom while cleaning but when I talked to the tenant is refuse to agree with me and keep blame that it's the toilet which is leaking.
3) He talks as loud as your just easily record what he said just using the Iphone's recorder on the second floor. Always every night I have sleep with ear-plug otherwise I can fall as sleep. I don't know if i should report the the local authority or not.

Is there a way that I can communicate with him Legally and let him know that I am serious.
Every time I talk to him about those problem he just saying that I owned an house before; I am just new to deal with a tenant, I don't know neighbors and etc..

I am feeling very very uncomfortable to have him live downstairs of my house.

-Tom

 

[FarmerJ]

Tom since I cant send you a wonderful aluminum hat I can tell you document document and again document If he wakes you at late hours call the police, write down the times get a copy of any police report if they actually show up, send certified letter ( hint get a locking mail box for your selfs so if he refuses to sign you know it will be sent back to you and you must keep it in sealed original envelope for eventual court use and locking mail box will help reduce the odds that a returned to you by post office certified letter to him doesnt vanish /get stolen /etc. Paper trails are the deal, if you want to have enough proof to help back up your complaints then you need on paper proof, keep copies of every thing for your own records and last but not least get in there and do a check list w the toilet and check every thing I told you and make sure to note if the floor is soft / rotted / deteriorated and flush the dang thing while your wife is on the phone with you in the basement to tell you if there is water, If you note no problems then certified mail about the leak again, If your tenant wont let you in to do reasonable repairs like checking and any thing needed re this toilet then use it against the tenant certified mail in letter tell tenant they cannot refuse reasonable attempts to maintain this unit. ( your tenant cannot interfere with your right to maintain the property including your trying to stop leaks) Hint : if you have to use a wax ring that has a flange on it since its sleeve will then fit into the sewer opening itself. One thing for sure once this tenant is out spend the money to have insulation blown into ceiling cavities between first floor and second and any common wall between first floor and stairs to second fl it will deaden a lot of sound since ill lay odds that there is nothing to stop noise from one level of house to another. OR at the very least if you got the moola offer a written contract to this tenant to pay tenant to get out early. As far as tenant disability It is not a issue when it comes to telling the tenant to get out via non renewal the only thing that does matter is if your city/ state has a law that takes just cause to a extreme which is why I said to speak to a atty now since you have ample time so if your able to just do a non renewal to get rid of him you might even want to pay for a atty office to do the letter for you so you can see how they are written / format. AND since you have ample time learn what you must to do get a tenant out for non pay since you could get lucky that way.

 

[csp9096]

Tom since I cant send you a wonderful aluminum hat I can tell you document document and again document If he wakes you at late hours call the police, write down the times get a copy of any police report if they actually show up, send certified letter ( hint get a locking mail box for your selfs so if he refuses to sign you know it will be sent back to you and you must keep it in sealed original envelope for eventual court use and locking mail box will help reduce the odds that a returned to you by post office certified letter to him doesnt vanish /get stolen /etc. Paper trails are the deal, if you want to have enough proof to help back up your complaints then you need on paper proof, keep copies of every thing for your own records and last but not least get in there and do a check list w the toilet and check every thing I told you and make sure to note if the floor is soft / rotted / deteriorated and flush the dang thing while your wife is on the phone with you in the basement to tell you if there is water, If you note no problems then certified mail about the leak again, If your tenant wont let you in to do reasonable repairs like checking and any thing needed re this toilet then use it against the tenant certified mail in letter tell tenant they cannot refuse reasonable attempts to maintain this unit. ( your tenant cannot interfere with your right to maintain the property including your trying to stop leaks) Hint : if you have to use a wax ring that has a flange on it since its sleeve will then fit into the sewer opening itself. One thing for sure once this tenant is out spend the money to have insulation blown into ceiling cavities between first floor and second and any common wall between first floor and stairs to second fl it will deaden a lot of sound since ill lay odds that there is nothing to stop noise from one level of house to another. OR at the very least if you got the moola offer a written contract to this tenant to pay tenant to get out early. As far as tenant disability It is not a issue when it comes to telling the tenant to get out via non renewal the only thing that does matter is if your city/ state has a law that takes just cause to a extreme which is why I said to speak to a atty now since you have ample time so if your able to just do a non renewal to get rid of him you might even want to pay for a atty office to do the letter for you so you can see how they are written / format. AND since you have ample time learn what you must to do get a tenant out for non pay since you could get lucky that way.

Farmer, thanks again for reply back, really appreciated.
You have helped me cleared some of the puzzles up dealing with such a bad tenant.
At this point, I m so regret and upset to be as an landlord. If I could choose again, I would not buy a house that carries a tenant or would not even thinking ti buy a house.. Invested all my saving into troublesome issues...
Okay, back to the realistic from dreaming, I will go to send him a message to request an inspection of the toilet. Document all the evidences as possible, and contact a lawyer.

If I can ask you one more tips if you don't mind.

Do you know how can I talk more technically with the tenant over those above issues, like tell me to remove the fish tank, stop damage the house and keep the peace?
That's because I feel every time during the communication with him his eyes are turning around like thinking that I am a baby landlord and he has ways to rip me off.

The lease has written sentence saying that he must not disturbing other tenants/owner who live in other unit of the house, pay repair cost, and even pay atty fee if any issues lead to the court. More importantly lease said he must redeliver the house in original condition to the landlord after lease expires. Will that going to protect me or give me more chance to win the case from Judge?

What would be a better ground reason to ask tenant move when lease expired expected to go to court?

1) Raise rent like 20%
2) Need for a my family like for my parents
3) Selling the house

Thanks !!!
-TOM

 

[FarmerJ]

Tom YOU DO NOT request to come in to do repairs related to leaks or any other item dont send a message about it, that is total crap, it implys the tenant has the right to say no the tenant does not AND since its a leak related item you do not have to give the same kind of non emergency entry notice that you would if say it was about you coming in to fix a broken door knob. ( requesting to come in re this leak problem is setting your self up to be a door mat if any thing you can send a message to tenant saying ` later this afternoon I am entering to take a more detailed look at this leak with the toilet` if you really want to give him some kind of notice. If he says no then get your butt to the post office this morning and send to the tenant a certified letter telling the tenant he cannot refuse you access for repair related issues and any additional repair cost related to his refusal he will be responsible, He has a valid lease you cant make him go away as easy as you wish but if your going to try to get him out for any reason other than non pay its gonna take time and paper trails so I suggest you cease text messaging him to , and If he gets a bit nasty with you , too bad stand your ground !

 

[csp9096]

Tom YOU DO NOT request to come in to do repairs related to leaks or any other item dont send a message about it, that is total crap, it implys the tenant has the right to say no the tenant does not AND since its a leak related item you do not have to give the same kind of non emergency entry notice that you would if say it was about you coming in to fix a broken door knob. ( requesting to come in re this leak problem is setting your self up to be a door mat if any thing you can send a message to tenant saying ` later this afternoon I am entering to take a more detailed look at this leak with the toilet` if you really want to give him some kind of notice. If he says no then get your butt to the post office this morning and send to the tenant a certified letter telling the tenant he cannot refuse you access for repair related issues and any additional repair cost related to his refusal he will be responsible, He has a valid lease you cant make him go away as easy as you wish but if your going to try to get him out for any reason other than non pay its gonna take time and paper trails so I suggest you cease text messaging him to , and If he gets a bit nasty with you , too bad stand your ground !

Farmer,

You are right. The way I deal this guy is too friendly. Eventually, it won't work this way with bad tenant.
Now, the tenant already think he is all over me especially he has lived here 2+ yr, knowing neighbors next door before i bought the house.
He think he has an age advantage specially with his life experience (dealing with landlord or tenant, since he told me he also owned a house be4) I can't handle.
I gotta learn the housing law and glad I still have time to prepare for court be4 his lease expired.

By preparing for the worst, My plan is:
1) 4 month before the lease expired, oral notice him that I need the house back for my family because my parents will move in and my mom will take care our baby with is 5 month old now. (I don't know time, can i offer him some cash to move and aviod the atty fee and rental income loss)
2) 3 month before the lease expired, if there is no sign that he will move, talk to the atty, ask them to send certified mail to notice no renew of the lease and reason that I need the house back.
3) 2 month before the lease expired, if there is still no sign he will move, request atty to get the case to court and apply court date.
4) 1 month beofre the lease expired, prepare for court and hopefully he give up considering the cost of atty.
5) After the lease expired, Not to accept any rent that he pay. (Can I ask the attny withheld the check if he pays ???)


This the right wayt to prepare for the worst?

Thank You again.

-TOM

 

[FarmerJ]

Tom 3) 2 month before the lease expired, if there is still no sign he will move, request atty to get the case to court and apply court date. < You cant do much with courts until he refuses to move out. SO there is no reason that you cant give this tenant proper notice for a non renewal as early as June if you wish . but if you do not see any signs of tenant preparing to move out like packing boxes coming in or say unwanted stuff being put in trash cans during the last month of the lease then first day of tenant overstaying proper notice to get out is where you can have things all set up for your atty to begin the formal process that will get you into a eviction hearing where the tenant will get to show a court the legal reason why they get to ignore your notice of non renewal -to get out. ( personally I cant see any tenant in your area risking this situation only because so so very many LLs now use services to learn what a tenants court history is and many LLs hands down reject all applications where a tenant has had any landlord court filings for any reason (especially recent ones) and I mean just that because lots of landlords figure that if another landlord had a problem that led to a court claim against the tenant that they too wont want to rent to the tenant because they dont want the risk of history repeating itself! (that and in many markets there are plenty of tenants who have never had any kind of court filings from other landlords in the past to pick from. ) dont bother with attempts to raise rents and honestly you dont even need a reason that you want him out in your notice, Ill lay odds he already suspects you wont be renewing. Last no you cant accept one dime from him if he refuses to move because your whole point in not renewing is you want him gone and the courts in many places will refuse to hear out a eviction if the tenant has any kind of proof of partial or full payment.

 

[Dave1952]

Though you have chosen to characterize this fellow as a bad tenant I don't see it. But you may certainly refuse to renew his lease. You do not need to offer him an explanation. It's not clear why you are anticipating the worst. Give the guy a couple of months written notice that you won't be renewing his lease and that you have other plans for the apartment. Spending money on an attorney seems very premature. Do an exit walk through before he leaves so that he has a chance to fix problems. Then do a walk through after he leaves, since damage may occur during move-out. Comply with the NYC rules concerning returning his deposit.
You should call a plumber about investigating the leak. Once you have made an appointment give the tenant at least 24 hrs notice that you will be entering his apartment to investigate and (hopefully) repair the problem. You do not require his permission to enter the apartment for this repair

 

[csp9096]

Tom 3) 2 month before the lease expired, if there is still no sign he will move, request atty to get the case to court and apply court date. < You cant do much with courts until he refuses to move out. SO there is no reason that you cant give this tenant proper notice for a non renewal as early as June if you wish . but if you do not see any signs of tenant preparing to move out like packing boxes coming in or say unwanted stuff being put in trash cans during the last month of the lease then first day of tenant overstaying proper notice to get out is where you can have things all set up for your atty to begin the formal process that will get you into a eviction hearing where the tenant will get to show a court the legal reason why they get to ignore your notice of non renewal -to get out. ( personally I cant see any tenant in your area risking this situation only because so so very many LLs now use services to learn what a tenants court history is and many LLs hands down reject all applications where a tenant has had any landlord court filings for any reason (especially recent ones) and I mean just that because lots of landlords figure that if another landlord had a problem that led to a court claim against the tenant that they too wont want to rent to the tenant because they dont want the risk of history repeating itself! (that and in many markets there are plenty of tenants who have never had any kind of court filings from other landlords in the past to pick from. ) dont bother with attempts to raise rents and honestly you dont even need a reason that you want him out in your notice, Ill lay odds he already suspects you wont be renewing. Last no you cant accept one dime from him if he refuses to move because your whole point in not renewing is you want him gone and the courts in many places will refuse to hear out a eviction if the tenant has any kind of proof of partial or full payment.

a
Update, the cleaning lady came today, I mention the leaking my tenant in the morning. The result is there is no more leaking. I believe he knows the problem is not the toilet. It's the cleaning lady who applied too much water for wapping on the floor each time especially in the bathroom. He just doesn't want to admit that. Anyway, I hope now he knows I am getting serious about protecting my property.

All the sudden I feel life is brighter because eventually I don't need to deal with him anymore. Although I still have to wait about 6 month or even more if he ignore to move but at least I know I can get the house back. Just cant wait to move on.ac

Farmer, Thanks for all the tips & explaination. You are the man!

 

[csp9096]

Though you have chosen to characterize this fellow as a bad tenant I don't see it. But you may certainly refuse to renew his lease. You do not need to offer him an explanation. It's not clear why you are anticipating the worst. Give the guy a couple of months written notice that you won't be renewing his lease and that you have other plans for the apartment. Spending money on an attorney seems very premature. Do an exit walk through before he leaves so that he has a chance to fix problems. Then do a walk through after he leaves, since damage may occur during move-out. Comply with the NYC rules concerning returning his deposit.
You should call a plumber about investigating the leak. Once you have made an appointment give the tenant at least 24 hrs notice that you will be entering his apartment to investigate and (hopefully) repair the problem. You do not require his permission to enter the apartment for this repair

Dave,

Actually, I asked myself if I was a bit rude to think my tenant as a bad tenant but he is really bad.
It's very hard to explain if you are not dealing with him. I mean he is weird.
Thanks for the suggestion. !00% I'll try to offer him a work though to solve our problem before ending up to to the court.
Attty fee is NYC is very very expensive. I estimated my cost of I need to go to the court, it will be cost 5k + no rent 3-6 month.This will also cost him about 3K to get atty but some1 said if he's disabled if might get a free atty.
Perhaps, I should offer him reloaction if he accepts, my bottom line is he must move after lease expired....
Move-on is the only solution for him and I.