Tenant asking security deposit to move out

[Ankan Basak]

Havent gotten paid last 2 months. Issued notice of termination as I also found out the unit is not legally rentable. The tenant asking for one-month security deposit back so he can pay for the next place he will be moving into end of this month. Tenant threatening if I dont, he will stay back rent-free till eviction goes through for another 2-3 months. 

This is NY, and eviction takes time. Also, legally I cannot even have them in the unit for next-month's town reinspection. What to do? I am tempted to give him the security deposit, but I fear he may still not move out. I dont get the keys back till end of this month. Or maybe I dont give the security deposit and let the courts evict them in expedite manner because the unit is not rentable in the first place and they cannot legally live there?

[Brian Gibbons]

 This is what I would do: 

 The first thing I would do is call my REAL ESTATE INVESTING association and get the best evection attorney I could find

 I would sit down with this attorney for an hour of his time and get exact instructions on how to get this tenant to move out ASAP. 

 You need to be very aggressive or you will be abused by this tenant.

 You also need to get your policies in order as far as how to handle tenants in general .