Tenant Ups And Leaves

[NYEVICTION]

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

Three student tenants signed a new lease for a second year. Year one went off with no problems. Three months into lease one of the tenants just moves out. She told other tenant while moving that her mom wants her on campus due to grades but that her mom will call landlord and will still pay rent. I called tenant to find out what is going on and no callback. I then called mom and she explained the apt is infested with rodents, she should call health dept and he daughter cannot stay there because it is making her sick. I asked if she was going to pay the rent for the rest of the lease and she said no. Apt was totally renovated before they moved in so I am not concerned with her threats. Few ques on how to proceed...

1). Do I send 3 day notice to each of the tenants and their parents who co-signed for them? Or just 3 tenants and the co-signor for tenant in default.

2). Since I was notified she is not paying rent for remainder of lease is the three day notice for full nine months or just the first month she defaults on?

3). Rent is due Sept 1st but since she already told me she is not paying should I send 3 day notice now or do I need to wait till Sept 1st?

Thanks so much for advice!

 

[acmb05]

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

Three student tenants signed a new lease for a second year. Year one went off with no problems. Three months into lease one of the tenants just moves out. She told other tenant while moving that her mom wants her on campus due to grades but that her mom will call landlord and will still pay rent. I called tenant to find out what is going on and no callback. I then called mom and she explained the apt is infested with rodents, she should call health dept and he daughter cannot stay there because it is making her sick. I asked if she was going to pay the rent for the rest of the lease and she said no. Apt was totally renovated before they moved in so I am not concerned with her threats. Few ques on how to proceed...

1). Do I send 3 day notice to each of the tenants and their parents who co-signed for them? Or just 3 tenants and the co-signor for tenant in default.

All of them.

2). Since I was notified she is not paying rent for remainder of lease is the three day notice for full nine months or just the first month she defaults on?

month she defaults on

3). Rent is due Sept 1st but since she already told me she is not paying should I send 3 day notice now or do I need to wait till Sept 1st?

Wait till they actually default.

Thanks so much for advice!

Your welcome.
One question I have is, are all of them on one lease making them all responsible for rent or are they on seperate leases and each of them responsible for a portion. This may change the answer slightly.

 

[NYEVICTION]

Tenant Up And Leaves

The lease is between the three tenants only. Co Signor Agreement is separate one page document and states agreement will be considered as part of lease agreement to which co-signer is guaranteeing. Agreement guarantees co-signor for financial obligations to lease upon default of applicant they are cosigning for.

Since mom and default student know I will be sending 3 day notice. Is there a better way to send than return receipt to ensure they are notified since they could just not pick up?

Thanks Again!

 

[BL]

Send one regular mail ( proof it was mailed ) , and one RRR Certified CC: Reg. mail .

If the certified isn't picked up ( Certified can take time ) , do not open it ( keep for records ).

One to tenant , one to co- signer .

I don't imagine the co-signer signed for the rest of the students .

If your lease however makes them one or all responsible , you would need to inform by writing , the others will be responsible for the entire rent .

Perhaps they will find a replacement with your approval .

Do you have a rodent problem , you aren't attending to ?

 

[NYEVICTION]

Tenant Up And Leaves

This was the first we heard about any rodent problem. I asked remaining tenants and they said occassionally see mice droppings. We provided traps and explained most depends on their sanitary habits. Their answer was the one roomate that left refused to ever clean and they had to pick up after her. We are very conscientious about maintenance.

Am concerned for remaining two tenants. I explained to the mom in default we will allow subletting if an appropriate replacement can be found. She said she would tell her attorney. College starts Monday and no tenants to be found. Too late. The 2 remaining tenants and I have been trying to find someone! The 2 tenants if evicted have no where to go. They asked me for advice so I am asking you. Should they:

1). Pay me the defaulting money for the month (before 3 day notice period up) and then take defaulting tenant to court.

2). Go to court and hope judge says defaulting party has to pay any rent due, court fees.

These are students with limited funds so they are looking for cheapest way to resolve.

I will make sure they receive responses.

 

[BL]

This was the first we heard about any rodent problem. I asked remaining tenants and they said occassionally see mice droppings. We provided traps and explained most depends on their sanitary habits. Their answer was the one roomate that left refused to ever clean and they had to pick up after her. We are very conscientious about maintenance.

Am concerned for remaining two tenants. I explained to the mom in default we will allow subletting if an appropriate replacement can be found. She said she would tell her attorney. College starts Monday and no tenants to be found. Too late. The 2 remaining tenants and I have been trying to find someone! The 2 tenants if evicted have no where to go. They asked me for advice so I am asking you. Should they:

1). Pay me the defaulting money for the month (before 3 day notice period up) and then take defaulting tenant to court.

2). Go to court and hope judge says defaulting party has to pay any rent due, court fees.

These are students with limited funds so they are looking for cheapest way to resolve.

I will make sure they receive responses.

What does your lease state about rent due each month and who's responsible ?

 

[NYEVICTION]

Every tenant who signs this agreement agrees to be fully responsible jointly and severally for all items agreed herein, and furthermore agrees to be the agent of the other tenants and occupants of the premises and is both authorized and required to accept on behalf of the other tenants and occupants, service of summons and other notices relative to the tenancy.

 

[BL]

Then they either pay the entire rent , or be evicted .

I'm sure you're trying to help them out , but any action they have would be to the co-signer , after paying the entire rent , until they , or you can find a replacement .

It does not necessarily need to be a student , but these types of issues come up all the time with students , perhaps one in need will fill the void .

If not , you can work with the remaining two , or evict .

Yes , you could most likely go after the co-signer for that portion of the rent , until re-rented .