Real Estate Broker · New York, NY · Member since 2020 · 30 posts · 30 votes
I have a two family house in Queens NY
1st floor tenant has been paying up to date
2nd floor tenant has stop paying since March , spoke to him today said he won’t pay until July because of covid . Now I spoke to my attorney there isn’t much to do since New York is tenant friendly, courts are backed up , evection are on hold . On Wednesday NY passed a bill that would temporarily stop landlords from evicting tenants for no payment issue related to the pandemic ? What about landlords ? I still have to pay mortgage and taxes . I tried to speak to tenant he’s just very aggressive there’s no form of communication with him . FYI he’s lease doesn’t end until November 2020 .
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
6y
@Tony Merchan NY landlords have a constitutional problem on their hands. The executive order barring evictions is a violation of the 5th amendment and 14th amendment. No person shall be denied their property rights without due process. An eviction ban is taking property, by denying rights to recover property that is not being paid for. They try to get around this by stating a tenant must still pay rent, but the courts block any legal recourse to recover rent or recover the property (eviction), so the landlord is denied due process. So it is one or the other, either they are taking without compensation or they are denying due process. The 14th amendment bars the states from denying due process. The courts arbitrarily determined what are essential court cases. For example a tenant can sue a landlord for shutting off utilities, even though the landlord can't sue a tenant to get rent to pay for those utilities. The courts have chosen one persons rights over another.
You could even argue that since the 14th amendment requires equal protection, a landlord and tenant should have equal rights. By choosing what laws to enforce and who to favor, they are violating these constitutional rights.
These executive orders are a massive overreach of power by the Governor Cuomo and the courts. They could extend these orders for months or years and by shutting the courts, they remove the opportunity to even be questioned on their actions. This needs to be challenged in court and probably even at a federal level if the state refuses to hear the case.
Investor · Saint Paul, MN · Member since 2015 · 663 posts · 512 votes
6y
@Tony Merchan
The govt doesn’t care about you. The weakest always come first. Have reserves and plan to evict ASAP when possible. If it were me I would warn the tenant that’s what you’re gonna do.
Real Estate Broker · New York, NY · Member since 2020 · 30 posts · 30 votes
6y
@Ken Goodman not as easy , with NY STATE LAWS . Will take time until courts open up , they aren’t taking any new cases until August 20, & when court do open it , it will be a mad house . I’m sure I’m not the only landlord in NY with this case
Real Estate Broker · New York, NY · Member since 2020 · 30 posts · 30 votes
6y
@Bob Prisco the guy a jerk sorry for my language. There’s no form of communication with him, I tried to speak to him , maybe give me half the rent money . ? Wife and him “supposedly “ hasn’t received any help from government and hasn’t got unemployment . Petty story every month . Over it
Real Estate Broker · New York, NY · Member since 2020 · 30 posts · 30 votes
6y
@David Iknaian thank you I’ll take your advice ! Seems legit .I was thinking trying to get neighbors to write complaints ( since this tenant believes he owns the street & can boss anyone around ) wouldn’t believe I got a call from the neighbor who lives across for 20+ years asking me if I was the landlord , she doesn’t feel safe ever since he moved in . He has The audacity to ask neighbors to move their cars so he can park ? I mean wow ! 
Property Manager · Boston, MA · Member since 2019 · 11 posts · 8 votes
6y
You shouldn’t explicitly ask for them to complain but you can tell them if they have any issues to reach out to you and give them your email and have them send it to you in writing.
We have a “Memo” section on every resident in our PM system. So if for some reason there is a complaint about a resident we put the complaint in there. For instance we have a strict leash policy for all pet/service animals on the property. If a resident has constant complaints about not having their pet/service animal on a leash we put them all in memos to keep track. We always reach out after each complaint to inform the resident to follow the rules. If it persist we start eviction because they’ve broken their lease agreement.
Again, a paper trail is key here in showing that you are doing everything possible as a good landlord and they are being deadbeat residents.
Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
6y
neighbor complaints may give you a lever...I believe the "no eviction" have an exception for criminal and dangerous behavior? Police reports and complaints could be very helpful.
Investor · Los Angeles, CA · Member since 2017 · 29 posts · 15 votes
6y
@Ken Goodman not as easy , with NY STATE LAWS . Will take time until courts open up , they aren’t taking any new cases until August 20, & when court do open it , it will be a mad house . I’m sure I’m not the only landlord in NY with this case
Hi Tony, let me clarify.... I wasn't suggesting going to court. I mean EVICT him now, by any means necessary. Hire a private security firm to boot his rear end to the curb TODAY. Don't go to court (because they're closed.) If he wants to sue you, let HIM WAIT until the courts are open, LET HIM find a lawyer, LET HIM fill out forms, LET HIM file a lawsuit against YOU, and LET HIM wait for months and months and months and see how long and frustrating the process is, if he has the patience and fortitude. My guess is he will be long gone to his next victim. LET HIM fight you in court, not the other way around. But please don't let him bleed you dry by sucking up your precious investment. Good luck to you!
@Tony Merchan thinking outside the box is my specialty. Since NY law says you cannot serve an eviction notice for the time being, make it UNCOMFORTABLE for him to stay there. Tell him you fell on hard times and you have to move into his living room. Borrow some really powerful speakers and play party music all night. Replace all his appliances with broken ones. Tell him you have covid and don't wear a mask. Then offer him $5,555 to gather his things in 1 week and leave.
LOL - what you are suggesting is a Class A misdemeanor in NYS. "Self help" evictions and tenant harassment of the nature you're describing is now criminal since last year's new laws. Ironically, a tenant can bring you into court and see a judge about this TODAY. But you have to wait until the fall if the tenant is one causing problems at your property.
No good deed goes unpunished. The "bail reform" recently passed here in NY is allowing criminals to be set free and go back to our properties and cause unabated mayhem. In Western NY, there was a case this spring where a tenant attempted murder on another tenant, and the judge would not hear the eviction case, nor would the police remove the tenant. (I assume because there is no bail these days, so he was or would have been immediately booked and released.) This information comes directly from an attorney whom is representing the landlord in this case.
@Joe Splitrock while I wholeheartedly agree with you, but I think in return the mortgages are also required to give house owners a 6-months break. That kind made it even. Of course that leads to the lost of investors money in return. The law is hoping for that the money is just a number for investors, but for renters it would be the difference between sheltered or homeless.
It certainly DOES NOT make it even. In 6 months, you are going to owe 6 mortgage payments in one lump sum to avoid consequences. The tenant will owe you 6 months of back rent. Feel free to get a judgement against them, then use that document to make some soothing origami out of it.
Which party of the three will be the one not be made whole in this case?
My advice-- and I mean this with all seriousness -- evict him NOW. Call a professional eviction agency or security guard and boot him out. Does he want to sue you? Well, the courts are closed. Good luck. Don't let anyone take advantage of you, if you want to survive in this business.
Although we'd all like to go here, this is illegal and you know it. Just trying this will make you an instant pariah with the media. Good luck with your portfolio hence.
In NY tenants can still bring landlords into court. The courts are only closed to landlords via executive order of the governor.
I don't know how the laws are in NYS/NYC but I live in MA and it's probably just as bad here. We have a 4 month moratorium in MA on all COVID impacted resident's as well but they have to actual prove hardship.They can't just say "Hey COVID, I'm not paying" and think they can do that, which they can't.
This is similar to NY, but the devil is in the details. Here in NY, there is NO BURDEN OF PROOF required by the tenant that they are "COVID affected." Therefore, the judge will ask, "you are 4 months behind on rent - is this because of the the pandemic." And the tenant will reply, "Why, yes. Yes, it is! By the way, do you know how to program a 70 inch flat screen TV?"
Investor · Los Angeles, CA · Member since 2017 · 29 posts · 15 votes
6y
It's only illegal if the deadbeat makes the time and effort to hire a lawyer and go to court. I would rather take my chances that he can't navigate his way through the frustrating legal system. But once he's out of my house, I can rent it again, or sell it. The media?? Please, I'll be a folk hero. Bring it on.
Specialist · Cleveland, OH · Member since 2018 · 1k+ posts · 666 votes
6y
@Tony Merchan sounds like he is a loser !! Make his life miserable , Put 24 hour notices on his door and go in 3 times a week. then sue the crap out of him, .
Real Estate Broker · New York, NY · Member since 2020 · 30 posts · 30 votes
6y
@Wesley W. Can you believe it . Bail form / no evection & to top it off now it’s illegal to discriminate anyone who has evection on their credit . Mr Cuomo has lost his mind .
It's only illegal if the deadbeat makes the time and effort to hire a lawyer and go to court. I would rather take my chances that he can't navigate his way through the frustrating legal system. But once he's out of my house, I can rent it again, or sell it. The media?? Please, I'll be a folk hero. Bring it on.
I like your hubris, but the tenant will get a pro bono lawyer in a New York minute (see what I did there?) courtesy of the tenants' rights groups. Remember, it still costs time and money to defend a lawsuit you may eventually win.
Investor · Los Angeles, CA · Member since 2017 · 29 posts · 15 votes
6y
…. And it costs time and money to sit and do nothing and let the deadbeat bleed me dry. I would rather take my chances that he can't/won't/doesn't know how to fight me in court. My guess is that all the pro bono lawyers in New York have their hands full with other matters right now. As soon as I get him out, I can cash flow the property again, or sell it. What are the extent of his "damages?"
Investor · Los Angeles, CA · Member since 2017 · 29 posts · 15 votes
6y
Hi Lisa Green.... Did someone say he had lost his job? Or that he was sick with COVID or caring for a COVID patient? Has he informed his landlord that he is directly impacted by the pandemic, or is he just taking advantage of the situation to freeload?
@Joe Splitrock while I wholeheartedly agree with you, but I think in return the mortgages are also required to give house owners a 6-months break. That kind made it even. Of course that leads to the lost of investors money in return. The law is hoping for that the money is just a number for investors, but for renters it would be the difference between sheltered or homeless.
Many rental units are not houses financed by federally back mortgages. Properties have commercial loans, some have private lending, some are owned free and clear. Even if you can delay payment, it is not even. Any experienced landlord knows once a tenant gets one month behind, there is little likelihood of ever collecting rent. There is no ability to even get a judgement right now, which is required as a first step towards collections. The mortgage company has a contract and collateral with equity. They have little risk compared to a landlord. The only recourse a landlord has is eviction because a lease is unsecured.
If the government believes housing is a basic necessity they want to provide, they should pay landlords. The government buys food for the hungry, they don't force grocery stores to give it way for free.
It is also important to not that property taxes, insurance and utilities must be paid by the landlord regardless of if the landlord gets paid. So the government takes their money.
Real Estate Broker · New York, NY · Member since 2020 · 30 posts · 30 votes
6y
@Lisa Green If you live in a city that’s expensive, how do you eat Everyday? How do you put gas on your Lexus ? If you can’t pay car insurance why hasn’t your car become repo ? Why is there so many boxes in the trash . This is my business I invest money & I’m not going to let someone get away without paying rent, if I do best believe he will do it to the next victim. He needs to be stoped and face the consequences, I’ll understand if he lost his job a better approach would have be appreciated, screams and curses will not get you no where , so because of his attitude eviction it is .
FYI - if you’re getting help from the city as in food / they come twice a week with huge boxes of food . Haven’t seen none.
I don't know how the laws are in NYS/NYC but I live in MA and it's probably just as bad here. We have a 4 month moratorium in MA on all COVID impacted resident's as well but they have to actual prove hardship.They can't just say "Hey COVID, I'm not paying" and think they can do that, which they can't.
This is similar to NY, but the devil is in the details. Here in NY, there is NO BURDEN OF PROOF required by the tenant that they are "COVID affected." Therefore, the judge will ask, "you are 4 months behind on rent - is this because of the the pandemic." And the tenant will reply, "Why, yes. Yes, it is! By the way, do you know how to program a 70 inch flat screen TV?"
That is the dumbest thing to allow to pass. The government wants their money to hand out to everyone but they don’t mind killing small businesses.
You definitely need proof here to use it as an excuse.
You must pay within 7 days if you rent by the day or week. ... If you don't pay everything that you owe by the deadline, your landlord can apply to the Landlord and Tenant Board to evict you. In some situations, your landlord might choose to ask for payment without asking you to move out.