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NWR: Need Landlord Advice Please?? legal advice?

Original post by anamaree77

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
111508Bride Posted:

Re: NWR: Need Landlord Advice Please?? legal advice?

If she is renting from you, and her lease is up, there is no need to go through the entire eviction process. She is considered in holdover tenancy status....meaning you can evict her at any time without notice. Do not cash her checks!..Do not accept her cash...once you do, you have enetered a month to month tenancy, and she can stay for another 30 days.

MrsLarrea2B Posted:

Re: NWR: Need Landlord Advice Please?? legal advice?

I will be honest w. you. My mom went through the same problem w. some biatch that didnt pay her fare share for months. My mom wasted money on lawyers and wasted time in court . The truth...

The court sides w. the tenants. NOT w. the landlord. YOu need to watch what you say and befriend her again. I would not have given a bad reference. You do want her gone dont you???? What are you gonna do, tell every landlord that calls you that she is a terrible tenant? No way! you want her to get the hell out of out of your apartment ASAP on her own. I promise you.....if she really wants to, she can stay there as long as she likes WITHOUT ever giving ur mom any money. I have a 2 family house, and every month I pray that my tenants will pay me on time.

You get more bees w. honey than you do w. vinegar. BELIEVE me when I tell you that your mom has everything to lose and nothing gain if you guys dont approach this the nice way. FM me if you need more details.
MrsLarrea2B Posted:

Re: NWR: Need Landlord Advice Please?? legal advice?

This is if your moms house is in the 5 boroughs. I am sure things are a little diff. in Long Island.

anamaree77 Posted:

Re: NWR: Need Landlord Advice Please?? legal advice?

Hey, thank u for all the advice girls. I'm so on edge wondering what's going to happen at the end of the month...is she leaving? is she not????? She still has a securit'y deposit but she won't confirm that she's leaving which stops us from finding tenants. I have gotten a few calls but i'm afraid to show the apartment b/c of the shape it's in and I don't want to take anyone's money and put them in a bad position if she doesn't leave. In that case, I don't feel she deserves her security even if she DOES leave. I want to kick her in the @.
Celest Posted:

Re: NWR: Need Landlord Advice Please?? legal advice?

Take pictures of the apartment & the shape it is in. I am SOOO sorry that you guys have to deal with this. Ugh!

Dr Meg Posted:

Re: NWR: Need Landlord Advice Please?? legal advice?


Posted by anamaree77

Hey, thank u for all the advice girls. I'm so on edge wondering what's going to happen at the end of the month...is she leaving? is she not????? She still has a securit'y deposit but she won't confirm that she's leaving which stops us from finding tenants. I have gotten a few calls but i'm afraid to show the apartment b/c of the shape it's in and I don't want to take anyone's money and put them in a bad position if she doesn't leave. In that case, I don't feel she deserves her security even if she DOES leave. I want to kick her in the @.



If there are holes in the walls, she is leaving stuff there for you to clean up, and she hasn't repainted the wall then I would think you have a right to keep her security deposit. Just take pics so you have proof.

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