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| Forums > No East: MI, PA, OH, IN, KY, WV, VA, MD, DE, NJ, CT, RI, MA, NH, ME VT, NY > Inspecting rental house |
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cjrose
Registered: 10/21/09
Posts: 1
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Reply with quote | #1 |
Please help...I have terrible tenants who have tortured me for 1.5 years. Now they are moving..they have refused to pay Oct. rent. saying I can take it out of security when they move Nov 4. They also claim they dont have to let us in for inspection. I dont have the lease in front of me but doesnt NYS law allow for inspection? Also they claim they have a right to videotape us as we are inspecting the house after they move. Is this true? I cant wait for this nightmare to end. Im thinking they will not let me into my own home when they leave unless they are there videotaping and Im sure they changed the locks. Can I change the locks and charge them for it when I take them to small claims? Do I have to put up with the extremely personal attacks and insults and humiliation. Every month it was a different game with the rent...oh I forgot to put in the mailbox, oh sorry I filled out the check wrong....Oh sorry I forgot to put your house number on the check...etc. Is this just part of the business? |
| | OHlandlord
Registered: 01/20/07
Posts: 1,836
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Reply with quote | #2 |
I see no statute on NY state law concerning access to inspect. You need to look for a local statute. If you find none, and they refuse to allow you in to inspect before they move out, don't do it. Wait until them move out and return the keys. Then go in and inspect without them there. If they want to videotape the unit, they may do whatever documentation they like prior to returning the keys to you. I know of no state that allows a tenant (or any other person) to video tape anyone without their consent. Tell them to leave the keys on the counter, lock the door when they leave, then give you a call. Unless there is a statute that requires you to do an inspection with the tenants there, just refuse to do it. If they refuse to return the keys, continue to charge them rent until you receive possession. You can always file to evict them. (see below)
But right now, you need to deliver a 3 day Pay or Quit notice for non-payment. Refuse to use the deposit as rent. ALWAYS. If they refuse to pay during the notice period, you can file to evict them as soon as the notice expires. Since they have not paid rent as they promised, what guarantee do you have that they will actually move out as they promise? Don't plan on it. Serve the notice, then file to evict them.
No, it is not always this way. Professional tenants (PITAs) act this way. Good tenants do not. In my rentals, paying on time is the norm. Most all of my tenants pay on time or call and explain why they can't. Few pay late, and they pay a late fee when they do. When you re-rent, amke sure a late fee is in the agreement for any late rent. Make the fee a hefty one, 5-10% lump sum of the rent, due on the 1st day late as allowed in your area. Emphasize that you must be paid on time at signing. Enforce all late fees the second tenants are late. If not paid by the 10th of a month (or whatever your state requires), serve the pay or quit, then file to evict.
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