Served an eviction notice, code was called.

Contractor · Albany, NY · Member since 2019 · 4 posts · 2 votes

So I served eviction notice and code was called (she told me her cousin was an officer and was being vengeful) the issues were addressed and the tenant was up to date on rent. If I tried evicting her I was told it would look like a retaliation eviction even though I wanted her gone before code was called because she is not consistent in paying. So now that everything was addressed and we brought everything up to code she is again 2.5 months behind again. How long do I have to wait in the state of NY to serve eviction notice for not paying rent again? First time posting and first time being a landlord. I really hope these first few months are not what this is always going to be like. Majorly stressed, thanks for any and all advice.

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Tim Herman

Member since 2018 · 2k+ posts · 1k+ votes

@Patrick Toma 2.5 months ago when she stopped paying rent. File to pay or quit. Follow the landlord tenant laws in your area. You might want to get an eviction attorney to do it properly

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Tim Herman
Member since 2018 · 2k+ posts · 1k+ votes
7y
@Patrick Toma 2.5 months ago when she stopped paying rent. File to pay or quit. Follow the landlord tenant laws in your area. You might want to get an eviction attorney to do it properly
8 Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
7y
Tim is right, you should have done this 2.5 months ago. You gave notice before she reported a code violation, so if anyone looks like they are out for revenge it is the tenant.
3 Reply
Cameron Tope
Property Manager · Katy, TX · Member since 2015 · 1k+ posts · 1k+ votes
7y
@Tim Herman gave you the straightforward advice you need.
Start the process NOW!
2 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
If the tenant doesn't pay rent, you can give a 14-day Notice to Pay or Quit. In other words, you are already two months behind the power curve. Hire an attorney and end this now.
At the same time, you should seriously work on finding a good property manager. They will cost you a lot less than a bad tenant and save you a lot of headaches.
Remember: cheaper doesn't mean you'll make more money.

You can start by going to www.narpm.org to search their directory of managers. These are professionals with additional training and a stricter code of ethics. It's no guarantee but it's a good place to start. Regardless of how you find them, try to interview at least three managers

1. Ask how many units they manage and how much experience they have. If it's a larger organization, feel free to inquire about their different staff qualifications.

2. Review their management agreement. Make sure it explicitly explains the process for termination if you are unhappy with their services, but especially if they violate the terms of your agreement.

3. Understand the fees involved and calculate the total cost for an entire year of management so you can compare the different managers. It may sound nice to pay a 5% management fee but the extra fees can add up to be more than the other company that charges 10% with no add-on fees. Fees should be clearly stated, easy to understand, and justifiable. If you ask the manager to justify a fee and he starts hemming and hawing, move on or require them to remove the fee. Don't be afraid to negotiate!

4. Review their lease agreement and addenda. Think of all the things that could go wrong and see if the lease addresses them: unauthorized pets or tenants, early termination, security deposit, lease violations, late rent, eviction, lawn maintenance, parking, etc.

5. Don't just read the lease! Ask the manager to explain their process for dealing with maintenance, late rent, evictions, turnover, etc. If they are professional, they can explain this quickly and easily. If they are VERY professional, they will have their processes in writing as verification that it is enforced equally and fairly by their entire staff.

6. Ask to speak with some of their current owners and current/former tenants. You can also check their reviews online at Google, Facebook, or Yelp. Just remember: most negative reviews are written by problematic tenants. The fact they are complaining online might be an indication the property manager dealt with them properly so be sure to ask the manager for their side of the story.

7. Look at their marketing strategy. Are they doing everything they can to expose properties to the widest possible market? Are their listings detailed with good quality photos? Can they prove how long it takes to rent a vacant property?

This isn't inclusive but should give you a good start. If you have specific questions about property management, I'll be happy to help!
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Patrick Toma
OP
Contractor · Albany, NY · Member since 2019 · 4 posts · 2 votes
7y
@Nathan G. Thank you very much for your response, I have to admit the thought never crossed my mind to hire a property manager. I came from the construction side of rentals and really need to start approaching things with a business persons mentality. I appreciate the time you took, very informative.
1 Reply
Patrick Toma
OP
Contractor · Albany, NY · Member since 2019 · 4 posts · 2 votes
7y
@Tim Herman my attorney has been called and I’m sure I’ll be hearing from him tomorrow during business hours. Thanks for the advice.
0 Reply
Michael Noto
Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
6y
@Patrick Toma Tenant is trying to intimidate you and since you do not have a firm grasp on your local landlord/tenant laws you are doubting yourself which has led to the current situation you are in. This is not uncommon so just hire an attorney to make sure the proper steps are followed to get her out in accordance with the law.
3 Reply
Anthony Wick
Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
6y
@Patrick Toma
In addition to the advice given, I would have followed up with code enforcement to inquire if the tenants cousin actually does work there. Conflict of interest could be quite detrimental to that cousins employment.
4 Reply
Jennifer T.Pro Member
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
6y
In my eyes, retaliation might only come into play if you had given her a Notice to Vacate or something like that.
But serving a 14-Day Pay or Quit notice because the rent hasn't been paid? That's a black and white fact! Not retaliatory at all.
Good luck with everything. I hope things go more smoothly from here for you.
1 Reply
Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
6y
Was the code BS or was there something legit you needed to do ? Stress is part of being a landlord get out now or find a pm if you think it’s tough ! Your just getting started !
0 Reply
Patrick Toma
OP
Contractor · Albany, NY · Member since 2019 · 4 posts · 2 votes
6y
@Anthony Wick that was one thing I did know to follow up on, my attorney is going to be getting the disposition papers and following up
1 Reply

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