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Updated 12 days ago on . Most recent reply

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Justin He
  • New to Real Estate
  • New York, NY
3
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Shady Tenant trying to purposely causing problems

Justin He
  • New to Real Estate
  • New York, NY
Posted

HI guys 

Im looking for advice on my tenant, the situation is that I have a FHEPs tenant which is a NYC subsidized voucher program that pays all the rent for my tenant, the rent has been on time but the issue is the tenant. The tenants are constantly complaining about every little thing in the apartment, I make repairs and constantly communicate with them. However now it is apparent that they want money out of it in some way. This guy "falls" in the building, saying the steps need to be repaired,  I checked and there is nothing wrong with the steps outside the house. It has been the same step the whole time he is living there and now he claims theres an issue and that he rolled his ankle. I was on my way to make more repairs to the house and his apartment when his wife is now saying that he is in the hospital for the fall. It is obvious they are moving shady and looking to sue. Not exactly sure what is their game but wondering if I could be held liable for him falling and what to do with him as a tenant moving forward? Any thoughts and advice is appreciated. 

Thank in advance!

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Mohammed Rahman
  • Real Estate Broker
  • New York, NY
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Mohammed Rahman
  • Real Estate Broker
  • New York, NY
Replied

Hey, thanks for laying that all out — this sounds like one of those headache tenant situations where you're doing your part, but they’re angling for something extra.

First off: can you be held liable? Possibly, yes — if there’s a proven defect that you neglected to fix and that directly caused the fall. But you already checked the steps and said there’s nothing wrong, plus they’ve been that way the whole time. 

That works in your favor. If they file a claim, it becomes a matter of evidence. If there’s no documented hazard, they’ll have a tough time proving negligence. Still, it’s NYC — people sue landlords for everything — so it’s good to stay protected.

Here’s what you should do right now:

Document everything. Take clear photos and videos of the steps and the entire walkway today, before anything can be changed. Time-stamp it. If you have any past repair logs, texts, or emails related to the area, collect those too.

Notify your insurance carrier. Even if it’s just a heads-up, let them know there may be a claim. If this turns into a lawsuit, they’ll be the ones handling it.

Get a licensed contractor to inspect the steps (even if you don’t think anything’s wrong). If they put it in writing that it’s up to code and safe, that’s gold if this ever goes to court.

Watch your communication. Don’t admit any fault to them, and don’t offer money “just to make it go away.” That can backfire.

As for moving forward with them — if they’re already creating problems and looking litigious, you might want to start documenting a paper trail for non-renewal when their lease is up. NYC tenant laws are strict, but if they’re on a fixed lease, you can choose not to renew it when it ends. Just make sure you follow proper timelines and notice procedures.

If this becomes a bigger issue or they actually file a claim, consult a landlord-tenant attorney ASAP. It might be worth doing a consult now just to prep.

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