All Forum Posts by: Wesley W.

@Michael Ablan If she has a term lease, in my opinion you are going to have an uphill battle trying to evict her for anything other than non-payment of rent.  I know Jefferson County leans more right than where I am, but you are still in NYS and under our AG's pro-tenant umbrella.

I would start by documenting everything, and going through her lease to find areas where she is  violating it.  You could try and build a case with enough evidence to go before a judge.  You can outline these erratic behaviors as context for the clear lease violations, but as others have said, I would steer away from using any terms (e.g. mentally ill, schizophrenia) that could be used against you as discrimination.  I would focus just on her behavior that is breaking the lease, and let the judge decide.  Unfortunately, despite your best efforts, it is still going to be a crap shoot whether or not you can get a warrant of eviction.

Good luck!

Is this helpful?

A. You agree to pay the monthly rent indicated above via deposit to the following checking account at ABC Bank: account # 123456; routing # 7891011  (nearest branch is 123 Main Street, New York, NY). Rent is due in full on or before the 1st day of each month without deduction or set off. Time is of the essence. Payment may not be made by third party checks. If rent is not paid physically at a branch (i.e. it is paid online or via bank transfer), the date of payment will be considered the date when funds reach our account. The banking institution and/or account to which rent must be paid may be changed by us after giving you at least 30 days notice as described in Paragraph 12.

This is not online only.  Tenants can walk in to a branch and pay in cash or check.  The teller's receipt is their proof of payment.  I get an automated email when a deposit is made.  I have a different bank account (at the same bank) for each building.  Everyone has a unique rent amount within each building, so I always know who paid based on the amount of the deposit - but the tenants frequently ask the teller to include a memo with their name and/or address.  Same with those who pay online via bank-to-bank transfer.

Your concerns are not unfounded.  I think some of the folks providing input own rental property in areas where the tenancy laws are more equitable  (e.g. reasonable ).  In some areas (like mine, and I assume yours) anyone that starts "staying over" and storing personal items gets FULL tenancy rights,  regardless of what the lease says.  (I know that seems crazy to folks in other parts of the country, but that's what some of us have to work with in running our business. )

If that is your case, I would get something in writing from him stating that he is not a tenant of record and he will not make a claim as such without signing a lease agreement with the owner.  (Consult your attorney for appropriate terminology in the statement. )

Good luck!

You have screening criteria for a reason.  I am sure their previous landlord has a much different interpretation of the facts involving their eviction.

No. No. No.

The bitterness of the cost of an eviction will linger in your palate long after the sweetness of a few months' rent paid upfront is gone.

All regions are different, but even here in liberal NY, being a smoker is not a protected class. Landlords here are free to discriminate against smokers, slobs, jerks, sex offenders, and other characteristics not listed with HUD.

@Ryan Detig gives good advice.

 See if you can help the leasing manager build a case to have your lease be terminated for violation of its terms.  You may move out willingly upon their request, but if she stays and causes a big stink you are still "hitched to her star" based the lease, which probably says you are "jointly and severally liable."  But, if you are forthright with the manager regarding the situation (as described above), they may cooperate a bit when it comes to credit reporting, etc.  Technically, they don't have to play ball with you, but it's worth a shot...

We do ours every 6 months.  I check for plumbing leaks, smoke detectors/fire extinguishers, and just as important - how the tenant is caring for the unit.

I would just be careful about changing the locks.  Different areas have different L/T laws.  Here, a tenant has not legally surrendered the unit until they hand over the keys to you, despite your contract with them being expired.  

If they skip town without doing that, technically you would have to evict them to regain possession here in NY.  Now, it's possible that they will not lay claim to the unit in the future, but it's a calculated risk.  No legal advice given.

From our lease:

14. PEST CONTROL: Your rental unit has been inspected and deemed to be pest-free. If you have a special problem with pests, notify the Property Manager. You are asked to assist our pest control by maintaining a high standard of good housekeeping. If the sanitary conditions in your unit are such that it attracts pests of any kind, and it becomes necessary for us to undergo remediation in the building, you will be held financially responsible for reasonable costs thereof, paid as additional rent.