NWR: Need Landlord Advice Please?? legal advice?

UPDATE:

So we had precana this weekend and a message popped up on my phone that must have been from the day earlier from my crazy tenant. She was rambling on and on about how blindsided she was that she has to leave and how she is pregnant and again with the whole 'School Aged child' excuse. Why do people feel that they can use their kids as pawns and an excuse from acting like responsible adults?? She had them, they are not my responsiblity to take care of, I want to strangle her right now. Anyway, she went on and on about how she's a prisoner in her own home now and afraid we'll throw her stuff out on the street. Funny, my mom calls me as i'm listening to this and tells me they have a truck in front of the house and are moving stuff out of the apartment. They didn't even have common courtesy to ask my mom to move her car so they don't hit it. Saturday night, same thing...moving stuff out. She hasn't told us she's leaving or anything....anyway, my mom goes down there this morning to check out the apartment and all of her expensive things are out but the kitchen table, beds and clothes are there. So bizarre. She painted one of the walls a deep deep navy color which she promised she'd paint back when she originally did it and there are holes all over the walls and the place is disgusted. We are a really nice, clean family so if you know us then you know my mom was flipping out......how do people live like this? Were they raised in a barn?? It goes to show that you can seem like the nicest person in the world but if ur trash, that eventually comes out! Now we still have no idea if she's leaving or not

Sorry to ramble but I don't even know what to say anymore. We technically can't get a lawyer until she stays past April 1st so we have to wait.




Original post:

Why do I have so many issues going on, I JUST WANT TO PLAN MY WEDDING!!!!!!!!! Nobody will leave me alone!

I really value your ladies advice and am hoping somebody can lead me in the right direction?? Sorry in advance if it's long.

Our tenant's lease is up on April 1st and she is refusing to move. We rented the apartment to her about 4 years ago. It is a 1 Bedroom Apartment and she wanted to rent it with her husband and daughter which we should have just said no but he was in the army and only home once in a while so we felt bad and let them have the apartment.

Not long after, the couple had problems, he left her and she was having problems paying rent. Fine, we didn't raise any rent on her and cut her slack with paying late. Then, she wanted to bring in her friend, again we said ok (fools) and her friend made trouble so we kicked her out. THEN she snuck a dog in the apartment, we don't allow pets. After 8 MONTHS we finally got her to get rid of the dog. THEN.....she gets a boyfriend who she sneakily moves in, never asks, and is crying that she has no money. We come to find out this guy just left his wife who lives up the block and has 3 kids so he can't help her pay a dime in rent and she's broke. Somehow, they've managed to pay their rent although it's always late but I can't complain.

Her lease is up on April 1st and my mom can no longer afford to rent the apartment at that rate and needs to raise the rent, which we informed her in January. I began calling her on February 13th to give her notice to leave. I called her again February 15th, no return call. I sent her a certified letter and she refused to pick the letter up. I sent her an email and FINALLY yesterday I get a call from her that she may need me as a reference. So i'm thinking GREAT she's gonna go, no problem. I call her about 8 times last night, finally get her and she says, 'WELL.....I only went to look at an apartment out of ANGER!!!!! How can you give me 2 weeks notice, after all we have done for you???!?!?'.....................................

I was just blown away. So I proceeded to tell her that I contacted her numerous times in February and she's trying to tel me that she spoke with me after that, she did NOT. I guess maybe she was taping the convo. because after I told her to check her phone records because I have MY records she shut up about it. Then she started screaming about how she is pregnant and her daughter is in school and she is not going ANYWHERE until after June. so I told her that as of April 1st, her lease is expiring and she was fully aware of that since she signed it so cut the crying about 2 weeks notice. As of April first the rent is going up and she starts screaming like a lunatic that she is a single mother and now is pregnant she doesn't need this '****' and 'after all they have done for us'. She was literally screaming and yelling and carrying on, We were nice to them too and her boyfriend doesn't give her a dime towards rent, there's 3 people down there, using heat, using hot water, my mom can't afford it anymore. They have to go.

So she says, EVICT ME IF YOU HAVE TO, I'M NOT LEAVING!!!!!!!!!!!!!!

The lady with the reference called this morning and I had to tell her the truth about what happened last night. I wouldn't send somebody else my problem, that's just the way I am.

So here we are...........again, sorry so long but I figured some of you girls may have been thru this or know what my rights are. I don't want to do anything foolish.

Thanks in advance, this means alot to me.

AnaMarie

You might want to contact the police to see if they have any advice.

A friend of mine had to evict tenants of her's a few years back and it was a painstaking process.

If she won't leave you may need to get a lawyer involved. Sounds like PITA. Sorry you have to deal with scum! What is WRONG with people!?

I don't have experience with this, but from what I hear it can take a long time to evict someone...so you might want to look into the starting the process now, based on her never paying her rent on time. I would also keep written records of everytime you call her, whether you get her on the phone or not.

I think it is even harder to evict someone if there are kids living there.

I don't have to much experience with tenant issues other than what my parents have gone through.

Of course this is in NYC because my parents live in Queens. We once had a tenant that we had a restraining order against and it still took over 6 months to get him evicted..now they had a month-to-month agreement with him so it wasn't a lease.

My best advice would be to consult with a lawyer or go to housing court and find out what the process is tog et her evicted. Yes it may take some time but it will happen and when the marshall's come to remove her she can't tell them NO.

Again consult with a lawyer or the housing court. Sorry couldn't be of more help :(

I am soo sorry they are going through that. That *****!!
Try & see if you can get her out otherwise b/c eviction seems like a painstaking process.. ugh

Here is the info I found on evictions.

NEW YORK EVICTION

In order to start a proceeding to evict a tenant, the landlord, or his or her attorney, must prepare a petition requesting a court hearing, which must be served on the tenant and filed with the court.

Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission.

To evict a New York tenant, a landlord must sue in court and win the case.



Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. Before a marshal may conduct an eviction, he or she must first request that the court issue a Warrant of Eviction. In New York City, city marshals and deputy sheriffs are the only public officers authorized to request a Warrant of Eviction from the court. A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat.

When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture. Also, if you are evicted, take ALL your belongings.

In an eviction, the tenant's belongings are moved under the supervision of the marshal and stored at a private warehouse. In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.

A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL §713, §853)
TENANT APPEAL (New York Order to Show Cause)

The tenant may ask a court to issue an Order to Show Cause (OSC) and a Stay, an order staying, or delaying, the eviction until the issues raised by the tenant are addressed on a hearing date set by the court. If the marshal is served with a signed OSC that stays the eviction, he or she is legally bound by the directions of the court, but if the court does not stay the eviction, the marshal must go forward with it. Unless otherwise directed by the court, the marshal, after being served with an OSC that stays the eviction, must serve an additional Notice of Eviction by regular mail before conducting the eviction or legal possession

It is wise to consult a New York attorney to protect your legal rights if your landlord seeks possession of your apartment. Never ignore legal papers.

Thank you so much ladies. Can anyone recommend a lawyer? I want to start this asap, I really don't need this headache right now.

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Posted by anamaree77

Thank you so much ladies. Can anyone recommend a lawyer? I want to start this asap, I really don't need this headache right now.

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I am an attorney and my firm does a lot of evictions. Let me know!

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Posted by Mici n KC

Is there a way you can shut off the electric, water and heat just to that apartment?

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That is illegal. You can get into a lot of trouble if you do that.

Trust me when you have bad tenants it's soo tempting..but don't do it!

omg that woman is crazy!!!!

the only thing with evicting is that it can take MONTHS to happen...i think like a minimum of 6 months, during which they don't have to pay rent, etc. then there's squatters rights, which makes me nuts that someone could live in/on your property and there's not a damn thing you can do about it.

i would contact a lawyer first, then start the eviction process. hopefully she comes to her senses and leaves...who would want to live where they aren't wanted?????

One thing that you do have on your side is that lease! Lots of landlords do not have leases (believe it or not) and that's why it takes months to kick a tenant out!

You have something that says her lease is up by April 1st, so I'd say contact a lawyer and find out waht your rights are. As a single parent she needs to get her act together and stop causing misery on you guys for her mistakes...
I think you'd be okay, but like one of the other brides said...get this process started NOW...i'm sure it'll take a little while to settle this entire matter, so better to start now than later.

Hope it all works out

You basically have to take her to court.
Let the courts evict her. Dont accept any money from her.

definitely take legal action come April 1st just to CYA- my tennants sounds just like yours his wife was pregnant with their second child- they had 2 huge dogs living in our condo - mind you we only approved 2 he gaves us some sob story when we ended finding out about the 2nd dog- he also left the place dirty - the carpets were shot from the dogs peeing as we knew they would be he had the nerve to say he had them steamed (so much more drama that I didnt even mention) to top it off they changed the locks on us and technically we werent able to enter without a court order the whole experience was bad he owed us a few months rent and racked up the water bill(which we have to pay)

my whole point is unfortunately it is a gamble with tennats & landlords (i was always a great tennant and in my opinion a fair lanlord- because I had curtesousy sorry you have to go through this