Ask Me Help Desk - Landlord entering apt.

Quote:

Originally Posted by N0help4u

Bad tenants usually can't afford to pay for the damage and are long gone no forwarding address for the landlord to do anything if they do do any damage and that is one of the things this guy is worried about. Even if the Judge rules that the tenants owe it would be like getting blood from a stone most likely.

Doesn't seem to stop the government from telling you that is how you are suppose to protect your property. I have thousands owed to me in court judgements from past tenants. I look at the judgements as help to any other landlord willing to do due diligence and check on people before they become tenants. They do me no good but maybe they will help the next guy not rent to a bad tenant.

In NY (NY city in particular) the laws are heavily geared to protect the tenant. So much so that a bad tenant can bankrupt small owners and companies. Other states like Virginia for instance are much more balanced as to who the courts favor and usually side with who ever was closest to following the lease.

Quote:

Originally Posted by michealb

Doesn't seem to stop the government from telling you that is how you are suppose to protect your property. I have thousands owed to me in court judgements from past tenants. I look at the judgements as help to any other landlord willing to do due diligence and check on people before they become tenants. They do me no good but maybe they will help the next guy not rent to a bad tenant.

In NY (NY city in particular) the laws are heavily geared to protect the tenant. So much so that a bad tenant can bankrupt small owners and companies. Other states like Virginia for instance are much more balanced as to who the courts favor and usually side with who ever was closest to following the lease.

True but like I said even if the Judge rules in your favor it is a no win situation

I considor it a win if the judge tells the tenant they have to leave. My uncle who owns property in New York was told that he wasn't allowed to evict a tenant because she had no where else to go. The judge gave the tenant 6 months to put her life together rent and utility free(he had to pay to keep utilities on or face big fines for not having a habitable place) all on my uncles dime.

Quote:

Originally Posted by michealb

I considor it a win if the judge tells the tenant they have to leave. My uncle who owns property in New York was told that he wasn't allowed to evict a tenant because she had no where else to go. The judge gave the tenant 6 months to put her life together rent and utility free(he had to pay to keep utilities on or face big fines for not having a habitable place) all on my uncles dime.

So if your Uncle didn't allow the tenant to stay the Judge was going to fine your Uncle for having an unhabitable apartment and your Uncle was going to have to pay fines to bring it up to code? That would appear to indicate that the apartment was, in fact, uninhabitable or minimally not up to code.

I owned an apartment building in NYS - 6 units - which I recently sold and I never ran into anything like this. Of course, I was up to Code.

Sounds to me - and I'm familiar with NYS Law - like the apartment was uninhabitable and the Judge allowed the tenant to stay for 6 months, free utilities, in lieu of fining your Uncle an equal amount of money and awarding the tenant a return of some of the rent she paid.

Unless I'm missing something here -

I don't think so, what happens if there is no heat or water in a apartment ( and the landlord is suppose to funish those in the rent) an if they turn off the heat or water , they can be fined. So if you have a tenant who is not paying their rent, but the judge delays evicting them, you have to leave all all of the heat and the such

The apartment was habitable, the woman stopped paying her rent and utilities. The judge decided instead of having the woman go to a homeless shelter where she would be the cities problem ruled that she should get six months to get her life back on track paid by my uncle instead of the city because he shouldn't have rented to someone that couldn't afford to pay her rent according to the judge.

Quote:

Originally Posted by michealb

The apartment was habitable, the woman stopped paying her rent and utilities. The judge decided instead of having the woman go to a homeless shelter where she would be the cities problem ruled that she should get six months to get her life back on track paid by my uncle instead of the city because he shouldn't have rented to someone that couldn't afford to pay her rent according to the judge.

Now I understand - wow. Never heard anything like THIS before!

You have no right to enter their apt unless it was an emergency such as life threatening or fire etc. You need to give them a 24 hour written notice legally unless they said to go ahead then and there. Your lucky they did'nt sue you for unlawful entry. Next time it doesn't hurt to just look it up on the web under tentant laws. With all due respect. Im not trying to be rude to you but I would have been mad.