How to navigate tenants destroying things

Question

Good morning all,I’m a landlord in New York City and would like to know how to move forward if tenants are damaging the apartment.

As the landlord, I understand that if the stove stops working I have to get it repaired or changed but what if the damage isn’t natural? For example, a broken fridge door, broken window, holes in walls…Normally I would repair it but what if it’s becoming a constant thing?

Do I have to repair it no matter what? Is there a number of times I repair it and then increase the rent a specific amount to cover the repair bills. Please help because this is becoming unbearable, thanks.

Mohammed Rahman · Answer

Hi @Ryan Brown - in this situation, I would defer to the lease.

Yes I know its annoying, especially if you haven't added any language in the lease that stipulates the tenant is responsible for any damage that is tenant-caused - but you're opening up a can of worms by trying to come after them for damages.

If the tenant is smart, they know they can take you through housing court for this and just simply stop paying any/all rent & fees owed.

For example - in my leases I put in that any damages caused by tenant's negligence is their responsibility. A clogged toilet that's caused by constantly flushing down wipes? Tenant issue.

But a clogged toilet that's because of regular wear-tear over the years? That's on me.

P.S. Also helps if you screen your tenants thoroughly upfront to ensure they're not the type to pull the kind of stunts you're running into unfortunately.

Michael Smythe · Answer

@Ryan Brown how thorough is your MoveIn process?

Do you get a MoveIn Checklist from the tenant?

We used to do a video of the MoveIn Checklist a tenant filled out - with them in the video pointing out all the issues.

We did this to have "irrefutable" evidence of any tenant-caused damages, to charge them.It usually worked, but we did have a judge or two disagree with us or not allow us to play our video in court:(

Point is, if you have great documentation you can charge the tenant for damages they cause.

Alecia Loveless · Answer

@Ryan Brown Document everything.

I have a very difficult tenant in another state and just consulted an attorney about a non-renewal and likely ultimate eviction. The attorney said in my instance the first thing to do was send a formal letter notifying the tenant of the problem.

This might be something to consider in your case if you ultimately are moving towards an eviction.

Send a return receipt certified letter notifying the tenant of the issue and if applicable their cost of the repairs. Then when you go to court if they don’t pay you have proof they’ve been informed of the problem.

This is not legal advice. I am not a lawyer.

Sam Applegate · Answer

@Ryan BrownI agree with @Kevin Sobilo and @Joshua Christensen. Also, remember that New York is very tenant-friendly. It's a good idea to consult with a property manager or do thorough research on landlord and tenant rights, as situations can become litigious quickly.

Joshua Christensen · Answer

It depends on your lease.  What's written in there regarding the owners responsibility vs. tenant responsibility.

So long as your lease supports it, bill them for the repairs.  Fix it and bill them.  My leases state the order in which money received is applied.  Current rent is last on that list.  Any late fees and other fees are billed first, then the rent is applied.  If they don't catch up 100%, they are always running behind.  It's an education process.

When you sit with the new lessees to sign, go over all of this so they understand the process. If they complain, show them this part and ask them to recall discussing their responsibility during your onboarding conversation.

The other option, you can choose not being a landlord if this is to much to handle.  It comes with the business.

Kevin Sobilo · Answer

@Ryan Brown, yes of course you repair every thing every time, BUT when it's tenant caused damage you bill the tenant back for the repair.

For example, if the tenant breaks a window and you spend $250 repairing it (materials & labor), you bill that back to them to be paid with the next rent payment.

My lease states that anything the tenant owes me like late fees, utilities, damages are payable "as rent". Some leases say these items are "payable before rent". Both have the same net effect.

If the tenant does not pay and doesn't make a payment arrangement with you, then you proceed to evict like any other nonpaying tenant.