Landlord recommendations

I have a tenant who has not paid rent for almost two years. When I went to court to evict after several months of non-payment, I found out the building I purchased did not have a CO and that I needed one to evict her and to be in compliance with NYC law. After working and saving enough money to start the process of obtaining the CO, I have been advised that it should be approved within one or two months according to the architecture. The tenant is now trying to move to another place and is asking me for a good referral to the new landlord. What can I say legally without being sued? I want her to leave but I'm not about lying so another landlord will get stiffed with this person who doesn't pay her rent. --96.225.xxx.xxx

Landlord recommendations (by Reid [KS]) Posted on: Nov 21, 2010 11:09 AM
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Tell'em she didn't pay rent for 2 years if the new landlord contacts you. I think that's all I'd have to hear. Tell her to have them give you a call and you'll tell them all they need to know. --99.117.xxx.xxx

Landlord recommendations (by Gordon [NY]) Posted on: Nov 21, 2010 11:12 AM
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This demonstrates why you should always keep on the good side of the law. --74.65.xxx.xx

Landlord recommendations (by Robert J [CA]) Posted on: Nov 21, 2010 11:28 AM
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It was your fault you didn't have a CO, but the tenent elected not to pay rent or move out! If you give a bad recommendation the tenant may not move, on the other hand If you lie, the tenants new landord can sue you. Only 1/2 of the landlords call the current landlord, hope that your tenant finds one of those. Good luck. --173.55.xxx.xxx

Landlord recommendations (by Jerry [NY]) Posted on: Nov 21, 2010 11:35 AM
Message:

Thanks Reid. I just needed to know that by stating she didn't pay her rent, I'm not violating any of the fair housing laws. Gordon, just so you know, I always work to be on the good side of the law. I'm in the process of filing a complaint with the Bar association against the attorney who represented me for the purchase. My undestanding from another attorney, is that he should have read all the documents to insure that the building did have a CO prior to the closing process. It's sad but anyone purchasing in NY should take heed and make sure your lawyer is checking everything so you don't end up in a situation like this.

--96.225.xxx.xxx

Landlord recommendations (by Ed [MD]) Posted on: Nov 21, 2010 4:32 PM
Message:

You didn't have a CO in NYC? Wow.

You should feel fortunate she's moving on after two years of nonpayment write whatever it takes to get her out. --173.79.xxx.x

Landlord recommendations (by Tribal [IL]) Posted on: Nov 21, 2010 5:01 PM
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Okay...i'll be THAT guy. What on earth is the acronym CO you're referring to ?? --214.13.xxx.xxx

Landlord recommendations (by Tres [TX]) Posted on: Nov 21, 2010 5:21 PM
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Tribal

CO = Certificate of Occupancy. --99.158.xxx.xxx

Landlord recommendations (by Virden [OH]) Posted on: Nov 21, 2010 9:29 PM
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In my areas the tenant must pay rent to court held escrow, first thing I ask when booting a tenant is - has the tenant paid the rent in full to the clerk in charge of escrow, nothing paid? Your honor this case is clearly an unpaid rent case and this is the running total as of this morning, if the tenant is not prepared to pay this amount for late fees, damages and rent I ask for a 7 day set-out. --65.43.xxx.x

Landlord recommendations (by BRAD 20,000 [IN]) Posted on: Nov 21, 2010 9:30 PM
Message:

Very very very few LLs EVER call us for referrals on our move-outs.

If you are nervous about what to say, ask them to submit their request for referral in writing, signed by the tenant.

Then reply with facts only "rent collected form ___ to ____ = $0."

This tenant should have TONS saved for a new deposit!

I'd be suing the seller, broker, atty... to collect that rent you missed based on their covering vital information. --67.175.xx.xxx

Landlord recommendations (by billy [MA]) Posted on: Nov 22, 2010 6:37 AM
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we start eviction on the 5th if no rent and think u should too if your state lets u. --173.14.xxx.xxx

Landlord recommendations (by Jerry [NY]) Posted on: Nov 22, 2010 8:58 AM
Message:

Thank you all for your advice. I'm grateful to have a site like this to get help when you need. To Ed, yes, I didn't have a CO in NYC, however I did not know it at the time and the Lawyer did not advise us of it. Just so you know, I found out that there are many buildings in NYC that have been converted and don't have a CO. So as I said before, if you buy in NYC be sure to verify everything on the building before you actually sign your documents. Have a great holiday everyone. --96.225.xxx.xxx

Landlord recommendations (by LindaJ [NY]) Posted on: Nov 22, 2010 10:07 AM
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Silly me, I would have thought that if you didn't have a CO, it would not be able to be occupied and therefore the tenant must leave.... --96.228.xx.xx

Landlord recommendations (by Josh [CA]) Posted on: Nov 22, 2010 11:34 AM
Message:

Let the new Landlord request the referral by fax with the tenants signature allowing you to give information.

=IF= you receive this fax. You can choose what to do. I have had many prior landlords that I have requested referrals by fax by their request =NEVER= return the information after 3 fax requests. These were large PM firms.

Do what you wish to do. There isn't any law that you =must= give a referral to another LL if they ask. Sad as it is this is, it's the truth. In your case it maybe prudent to not reply.

--71.80.xxx.xxx

Landlord recommendations (by Josh [CA]) Posted on: Nov 22, 2010 11:37 AM
Message:

Important Question?

Did this tenant come in house, in other words was she in place when you bought the property? You inherited her?

Or did you rent to her after you purchased the property?

--71.80.xxx.xxx

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