Eviction grounds. Disorderly conduct?

Question

My tenant is upset that I fined them for repeatedly parking unauthorized in the driveway. So I have him on camera tampering with the hallway camera.  Specifically, he grabbed and turned it  to where it slightly refocused.  Not.ne essarily damaged (I havent been there to see yet) Is this grounds for filing for eviction? Is it grounds that does NOT require a notice to cease?  Does it fall under disorderly conduct? And if so, I'm seeing conflicting info on if disorderly conduct eviction requres a Notice to Cease.

Kevin Sobilo · Answer

@Rashad Ellis, a couple thoughts:

1. What did you charge for parking unauthorized in the driveway? It seems unusual that a lease would specify a fee for such a violation in the same way we have a late fee for paying rent late.

2. With the parking violations, I would only charge them if I could CLEARLY SHOW that I had a cost associated with their violation. For example, I could not park in the driveway, so I had to park in a paid parking lot 1 block away for $50. I would charge them the $50 as "damage" caused by their violation.

3. Generally, I would handle a lease violation like the parking with a lease violation warning. I would initiate it with a direct conversation over the phone followed up by a written lease violation letter.

If the tenant repeated the same violation, I would simply have the vehicle towed and they would have to pay the tow company for the tow and storage or end up losing their vehicle.

4. For the tampering of the hallway camera, I would pay my handyman to go to the property to readjust the camera and bill the tenant back for that cost. Very simple.

If they want to do that every week and get charged $100 for the service call every week they can do that.

5. I would not try to evict based on these sorts of issues, but if it was a continuing issue, I would nonrenew them.

The reason I would not likely try to evict is that it isn't easy and cookie cutter. They could make any sort of claim about these things. For example, that they had something heavy to move and needed to park in the driveway temporarily to load/unload and that the landlord had allowed that when moving in so they thought it was "ok.

When it comes to evictions, for the tenant its their HOME. So, there may be a tendency to give them the benefit of the doubt because the impact of an eviction on them is more substantial than it is for the landlord.

So, when at all possible, I want an eviction to be cookie-cutter, almost always for nonpayment so that I will succeed virtually 100% of the time on my own without having to pay a lawyer.

Jim Johnson · Answer

You’re in NYC, so this is a very procedural area.

Tampering with a hallway camera can potentially fall under lease violation, property damage, or possibly a “nuisance” or “substantial breach” argument — but whether it’s immediately eviction-worthy depends heavily on:

• What your lease says about security devices and property damage
• Whether actual damage occurred
• Whether this is part of a pattern of behavior
• How Housing Court views it

In New York, most non-payment cases are straightforward. Behavior-based cases (like disorderly conduct or nuisance) are much harder and very documentation-driven. In many situations, a Notice to Cure (or Notice to Cease) is required before moving forward, unless the conduct is severe and ongoing. Courts generally prefer giving tenants an opportunity to correct behavior before eviction, unless it’s extreme.

Simply adjusting a camera (without damage) may be seen as a lease violation, but not necessarily immediate grounds for eviction without proper notice.

The bigger question is strategic:Are you trying to remove a problematic tenant, or correct behavior?

Before filing anything in NYC, especially on conduct grounds, it’s strongly advisable to speak with a landlord-tenant attorney familiar with Brooklyn Housing Court. Procedure mistakes can delay you months.

For now, document everything (video, written timeline, prior fines/warnings) and avoid escalating emotionally. In NYC, process matters more than principle.

Patricia Steiner · Answer

His conduct is a lease violation; send him a Notice To Quit. In NJ, here's the criteria:

Key Notice to Quit Requirements in NJ

• For Lease Violations (Rules, Pets, Unauthorized Guests): A "Notice to Cease" is required first to warn the tenant to stop the violation. If the behavior continues, a 30-Day Notice to Quit is served.
• For Serious Violations (Destruction of Property, Illegal Activity, Disorderly Conduct): A 3-Day Notice to Quit is served, allowing 3 days to vacate before a lawsuit is filed.
• (End)

You would need to decide what this violation falls under before serving notice.  The notice, in NJ, needs to be served to the tenant in person or to someone who is residing there over the age of 14.  Keep a copy and note the delivery method, date/time served.

Here's your real issue:  if he doesn't stop, you have to move forward with eviction and you will need to be able to prove that he is a risk to the property and the other tenants.  Sounds like you probably can do that; document it all with dates/times/more.  The most important thing to do - and that needs to be done NOW - is serve him with Notice.  The forms are available online if you need it.  And, unless you act in a timely manner, your impact on him and with any future action will be negated.  I also agree that your lease needs to be changed before reissuing to state the actual fine - not a range. That's too subjective and can be challenged.

Sorry you're going through this but stay in warrior mode and let this guy know that you're not tolerating his BS.  You got this.

Rashad Ellis · Answer

Hi. Thanks for your input. So a bit more info. It's a 3 family unit of which there's one avaiable spot to rent. I am not an occupant. I have cameras in common areas one of which shoes the driveway.  I had the conversation warning him  2 months ago when he was parking in it and I reminded him that it's for rent. He said he's not interested. He stopped parking there. I also noted damage to the gutter at the side of the house at the driveway. He stated he cant take the blame for it and denied it was him. l didn't pursue damages because the camera couldn't prove he did so it could he argued. Its an open driveway so a delivery people , short stop, etc, has  pulled into it. Im sure it was him though because only he was repeatedly parking there before I saw the damage in person.     Fast forward,. The storm hits. All of a sudden he shovels the driveway and starts parking there everyday. I noticed it via camera last weekend. I remind him again that he's parking there unauthorized and he must move it or he can rent the spot. He tells me there's no parking spots available. He continues to park.  The lease clearly states that violations can incur fines of "50-100 per incident as a reasonable cost for any damages...". I fined him $100 about a day or 2 later. Hooting and hollering suddenly claiming no heat at the apartment (its been single digit temps for a week already).  I sent the plumber. Radiator valves were closed while the girlfriend was home dressed in shorts and a tank top 🤔. He continues to park there, I fined them again . Sent a notice to cease as well. 2 days later. Hes texting me misreferencing the lease and citing irrelevant legal stuff that doesnt apply to our situation. A day or 2 later,  I see him on camera come in the house (car isnt in the driveway finally) and he steps back out of their apartment, reaches up and grabs the hallway camera knocking it off focus then he quickly tries to refocus it again.

Rashad Ellis · Answer

Thr property is in NJ. But most of what you stated still applies. Thank you for your input. I prefer to just correct behavior moving forward. But part of me just feels like the future may get worse because I'm seeing petty and dishonest traits being revealed.

Eviction grounds. Disorderly conduct?

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