All Forum Posts by: Jeff Willis

Built in 1946, there is about a 100% chance there is lead paint and asbestos. Any you must disclose to any future tennant, BUT that may not absolve you of any liability.

An article on the landlord and asbestos

An article on the landlord and lead paint

 Unless you are going to do a full rehab, I might think twice

In CA, the rental laws are crap, but we do have a few advantages/techniques, that you might consider.  In CA, we can collect advance rent (see last paragraph below). I ask for a security deposit and advance rent. In your case, look at the NY law on advance rents. If there is no law to prohibit, then ask for it. When they give notice, then they are using the advance rent and you still have the security deposit.

CA Civil Code 1950.5

(c) A landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months’ rent, in the case of unfurnished residential property, and an amount equal to three months’ rent, in the case of furnished residential property, in addition to any rent for the first month paid on or before initial occupancy.

This subdivision does not prohibit an advance payment of not less than six months’ rent if the term of the lease is six months or longer.

CA - liability capital of the world. Whether you pay for the material or reimburse the and working in a common area, under your control, they become your employee (CA law), subject to workers comp protection. To protect yourself, make sure your liability insurance has workers comp coverage.

If they are month-to-month, just terminate the occupancy per the T&C's of any agreement you have with them.

Jayne, the police were right, it is 100% civil. Your statement "...they need to be punished." shows that you want to use the system to "get even" - but your goal should be to get the apartment fixed and punishing them will not in any way get the apartment fixed. 

Your insurance should cover this, assuming you have that coverage. If not, then you are on the hook. I have had this happen on several occasions. I chalk it up as CODB (cost of doing business) and on the positive side, the repairs are tax deductible.

Concur with Eric. You can not and do not want to limit guest access. The only way is a TRO, but the daughter must present a threat to the complex as a whole. i.e. breaking windows, camping in the common area, etc.

No need to jump in with an attorney and spends funds this early on. As John said, sewer and water are two different things and contact the plumber to see if they will fix it. If there is already damage, and you believe it was the plumber fault, ask the plumber for his insurance carrier and start with them. If the damage came from your residence and damaged theirs, just call your insurance carrier. They will handle everything.

The lease is the legal document that obligates you to perform under the terms and conditions. If you signed the lease, you are obligated to perform (pay the rent) or suffer possible damages for loss of rent by the owner. The application has no bearing on the lease agreement other than being a document to allow the owner to qualify you. The owner could rent to you without an application.

As to your damages, If you did sign the lease and do not move in and want to cancel, you may be responsible to the owner for any rent between the effective date and until the owner can rent it again.  As an example. If the effective date is August 1, and you cancel the lease, and the owner does not re-rent the apartment until November 1, you may be responsible for 3 months rent plus and expenses required to re-rent the apartment   

I agree with Syed  - your requirements are not consistent with your prospective Tennant. You want a 700+ and 3.5 in a C/D, good luck. We have an old saying in the country - want in one hand and crap in the other and see which one fills first.

I don't even look at credit scores - they are meaningless, too many things can impact them that have no bearing on the tenant. In a C/D, give me 2X, no evictions, and no lawsuits against prior landlords and I am good to go.

Per your own statement, the door will become permanent to the apartment? You said "..and the apartment should be easier to rent in the future with the new door in place."

So you are receiving the benefit for a very nominal investment. Yes, you should pay for the door, BUT the installation MUST be per code and accepted by you, properly installed and properly painted to match I have been down this path, and most have never done an adequate installation.

If it was me, I would hire my own contractor to install the door and keep the Tennant out of it