Can we evict this tenant???

Question

This property is in NYS, so evictions are on hold as we know. We are out of state. This tenant has a dog that we NEVER allowed. But we just found out from his roommaate that the tenant let’s the dog use the bathroom inside the apartment! Urine is literally dripping down to the lower unit! Plus, the dog already ruined brand new carpet, that the tenant took up himself, never told us. And there’s feces all over the yard. There has to be some recourse for this situation?! Are the courts even open in NY? Any advice is appreciated.

Rob Gillespie · Answer

@Sarah Williams

Unfortunately you are at the mercy of the courts.

I would not lose sleep over it because it is not worth your health to stress out over some sticks and bricks. I know this is easy for me to say, but it is just part of the business.

Now for a solution!

I would begin by offering them money to leave. Explain your concerns tell them you’re sorry that it did not work out and perhaps be willing to give them back their security deposit to turn over the keys even though the property has been destroyed. I know this sounds completely crazy, but if the house is getting more damage by the day, it could be a cheap fast solution.

Depending on the amount of damage they are doing, it could be construed as malicious vandalism. This could become a police report with an insurance claim.

Of course you can always still get an attorney go through the proper channels of letters and filing a case in the court system, but with everything going on it could take quite a bit of time.

I hope things work out for you!￼

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Nathan Gesner · Answer

The eviction moratorium is for non-payment of rent. You can still (allegedly) evict for other violations, particularly if they are destroying your property.

Some tenants will leave as soon as you confront them over their behavior and the cost of repairs they'll be charged for. I'm surprised by how few Landlords give that a try.