Kicking tenants' friends out in nyc

13 Replies

Hi BP,

I wonder if there are any guidelines or rules for the landlord when kicking tenants' friends out. for instance i have a tenant whose mother is extremely irresponsible for her children who are over 18 years old. Every night the kids invite their friends over to talk on the terrace and smoke weed. Am i allowed to kick their friends out even though the tenant allow them to stay? Keep in mind these kids are smoking weed and talking after 12am every night (waking me up). Does anyone know the rules to smoking weed in general also? I know when a person gets caught he or she is issued a fine nothing more.

Are you the landlord? If so, you should have provisions in your lease agreement that prohibit this type of behavior. Read over your lease agreement carefully and cite the lines in the agreement that prohibit noise and/or illegal behavior, and put a warning on their door. 

Maybe try calling the police , based on drugs and disturbing the peace . 

@Jennifer Bayhi Gennaro unfortunately their lease is outdated since 7 years ago and I'm not planning to renew it with them. However the lease that they started off with once they moved explicitly states no smoking or lound disturbances. Will I be able to refer the rules of the house from the old lease to the tenant?

@Matthew Pau yes I am the landlord

@Matthew Paul

 police here in NYC takes 30mins to come here so by the time called my tenants are already done smoking weed. 

So they are month-to-month? You can get them to renew their lease for 1 year and agree to all of the terms and provisions of the lease, or this is their last month.

@Jennifer Bayhi Gennaro

 I am not planning to renew their lease because I would like to increase their rent every year by 10%. I am really trying to get them out without having to use legal action because it will cost me money. So that's why I want to increase their rent more and more every year. I know I was told to set a new lease for them however I have a very good feeling that these tenants will not be obeying them. Not only that but I am pretty sure they would want me to add additional things in their interest which I am 100% will not agree to. It's a lot of convoluted stuff going on between my tenant and me.

I just wonder if I can refer the rules and regulations that were initially mentioned and written on the 1st lease even though their lease expired more than four years ago?

If they are renting on a lease I would assume that they are subject to the agreement on said lease whether the original lease term is up or not.  There should be verbiage in the lease that puts them month to month once the initial period has "expired" protecting you as a landlord. 

I would post warnings in writing to correct the undesirable actions.  If they don't correct, proceed with evictions.  I know that some people (from listening to the podcast) find it cheaper to "buy their tenant" out; meaning pay them to move.  It could be cheaper than an eviction and be less confrontational, helping insure that you get the property back in the best condition possible.  

Good luck! 

@Jon Magnusson

 Thank you. I would also think they would be still following the lease regulations despite the lease being expired long time ago. I have been writing letters, used a notary (free) to notarized my letter and made copies for myself in case I bring her to court. I have also been recording and taking pictures of the teenage kids smoking weed. I don't know what the  boundaries are to invading their privacy however this is actually a health hazardous issue and a disturbance in my sleep. At some point I will just have to call the police and show them the pictures and videos of them smoking and talking so loud after 12am or what I will do is ring their bell at the same time that they woke me up and wake the ENTIRE family up. What do you guys think I should do?

If you're renting to them without a valid lease, that is, on a month to month basis, I think you should give them the month's notice required by NY Tenant Law, stating that that you are vacating the apartment for renovations after which there will be a substantial rent increase to fair market value. If they're interested in renting from you after that, they will have to submit an application, undergo credit checks, and sign a new lease with all of the provisions clearly spelled out that they are violating now. My guess is that they won't apply.

***

From NYC Tenant Law @ LawNY.org:

Month-to-Month Tenant: If you don't have a written lease, and you pay rent on a month-to-month basis, you can be evicted only if:

*You owe rent, or

*You were given a month’s notice to move out.

***

The second reason is your "ace in the hole".

Not a pleasant task but neither is the situation.

Just makes sure you are taking emotion out of it and that you do not in any way perform a "self-help" eviction.

@Wayne V.

 thanks that really helped. I will look into it further more.

@Joel Owens

 thanks for the support.

I would try the cops as much as possible. In terms of the lease, is the tenant a somewhat normal person who has a job etc? If so, maybe if you say you will raise the rent, they will leave. If not, then you are looking at six months minimum to get them out in a holdover proceeding. And pray they don't know the system because they can do orders to show cause to delay evictions.  As a person who had to go through evicting a tenant, I would do cash for keys if I had to do it all over again. It sucks but NYC landlord tenant court is so skewed against landlords that is the easiest method,

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