One tenant moved out suddenly leaving non performing tenant in property

Upstate New York, New York
General Landlording & Rental Properties
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One tenant moved out suddenly leaving non performing tenant in property

Josiah Horn
West Chester, PA · Member since 2017 · 10 posts · 1 vote

Background: purchased property with inherited tenants. Tenant had bf living with them I made bf sign lease amendment to be on lease. 

Tenant informed me they would be leaving February first. (M2M Lease)

A couple days later Tenent texts me and says they have left the property effectively today (bf doesn’t help out with bills, drama, etc). and wants off lease. 

I obviously have no interest in boyfriend staying as they are constantly a week late on rent and I suspect to not receive another dime moving forward. As rent is officially late today can I just serve a pay or quit notice asap? Do I have to let leaving tenant off the lease? I feel like it would be easier to get bf out if they are both at risk of an eviction but obviously legaly questionable… I just want it empty :(

(Currently trying to get a hold of boyfriend for his side/plans/expectations)

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  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    1y

    First, the tenants signed a legally binding contract and do not just get to walk away on a whim. You should let both of them know that they are both responsible as they both signed the lease. When we deal with these, we let the tenants know that we will be putting them into collections and seeking a judgement. 

    NY is a very tough state to evict, so, you are better off coxing the BF out ASAP. I would put pressure on the GF to try and help get him out because they will both be held accountable for the unit.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y
    Quote from @Josiah Horn:

    Just because a tenant tells you they've left doesn't mean they are off the lease or released from responsibility.

    Give notice of termination. Tell them to get out in seven days, use the deposit for unpaid rent, cleaning, and repairs. You'll probably lose a little, but at least you'll be done with them and can start fresh.

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  • Melanie P.Pro Member
    Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
    1y

    Have you accessed the property? To me it sounds like everyone is gone and boyfriend wants confirmation he isn't going to owe anything. Get someone over there and if they're gone as stated in the text message change the locks. 

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    Tell them both they need to give 30 days' notice as per the lease and that they both signed it and are responsible.  Give notice that you are doing an inspection and go by the property and look inside to see what's happening.  If they are gone, change the lock and start the move out procedures and getting it rented again.  If they paid Dec rent, then they still owe you for part of Jan (if the lease requires 30 days' notice-if more time is required, then they owe you rent for that period (unless you rent it).

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  • Wesley W.
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    1y

    In NYS, you cannot just terminate their lease.  If they have been there for a day longer than 1 year, they must get 60 days' notice; if they have been there for a day longer than two years, the landlord must give 90 days' notice.  However, if this locality has opted in for "just cause eviction"  (which is statewide), then you cannot terminate the lease without "just cause."  All these statutes supercede any written contract between landlord and tenant.

    Now, if they stop paying, then you do not have the restrictions above.  However, you must give both a 5 and 14 day notice (concurrently) which must be properly served, and it gets more technical from there.  Even if you do not mess up any steps in this lengthy process, you are looking at AT LEAST 90 days before you get your asset back.  Since it's winter, it could be a great deal longer.  Also, it goes without saying that if you make a procedural error (very likely as the process is designed to trip up the unsophisticated landlord, and all tenants have the right to a pro bono attorney), then you have to start the process again from scratch.  I would not do a summary eviction proceeding in NY without an attorney.  I would start the process immediately.  Hopefully they will see you are not screwing around and will leave on their own.

    I hope you got a great deal on this property, because tenants in place are a liability, not an asset, in the Empire State.

    Now, who loves NY (besides our many "guests from out of town")?

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