 serving papers (by Amelia [NY]) Apr 16, 2013 12:59 PM
 serving papers (by Ken [NY]) Apr 16, 2013 1:34 PM
serving papers (by Amelia [NY]) Apr 16, 2013 1:56 PM
serving papers (by Pattyk [MO]) Apr 16, 2013 1:59 PM
serving papers (by Katherine [TX]) Apr 16, 2013 2:59 PM
serving papers (by Katherine [TX]) Apr 16, 2013 3:03 PM
serving papers (by LL [AZ]) Apr 16, 2013 3:49 PM
serving papers (by LindaJ [NY]) Apr 16, 2013 4:43 PM
serving papers (by BRAD 20,000 [IN]) Apr 16, 2013 8:07 PM
serving papers (by Amelia [NY]) Posted on: Apr 16, 2013 12:59 PM
Message:
State Specific Question About: NEW YORK (NY)
We are first-time landlords with a volatile tenant whose 1-year lease expires at the end of May. As prescribed by the lease, we are giving him written notice of the termination of the lease as opposed to the default which is to revert to a month-to-month rental. We are doing it this way because he has frequently threatened to "stop paying and stay." We want proof that he has our 30 day notice to end the lease. We think he could view being served with the notice to vacate as a provocative act. What can we expect his reaction to be when he receives this? How do we best react to any complaints on his part about this formality? Just looking for others who have gone through this. He is on psychoactive drugs, but skips his drugs to drink copious amounts of beer on many occasions. It is when he is drunk that he gets verbally abusive and threatening. We can't get rid of him soon enough. We need moral support! --76.15.x.xxx |
serving papers (by Ken [NY]) Posted on: Apr 16, 2013 1:34 PM
Message:
Send the notice certified return receipt requested and also send a copy regular mail,when you pay for the certified copy buy a single stamp for the regular mailing and save the receipt to prove you send it both ways,when he calls to yell do not answer.Chances are good you will not receive May rent so start an eviction for non payment immediately in Early May.Where are you located? I am in the Schenectady area. --72.224.xx.x |
serving papers (by Amelia [NY]) Posted on: Apr 16, 2013 1:56 PM
Message:
We are in the Hudson Valley. He has already paid the last month's rent as part of his move-in costs. We will start eviction proceedings on June 1 if he is not out. We have just put the house next door to his up for rent so we are over there frequently. He comes over to bother us while we are working and often is verbally abusive. Lately our strategy has been to latch the doors when we go in to work so he cannot trespass, and when he does confront us outside, we react as little as possible and don't engage him. It has been a nightmare dealing with him. Luckily, it has been cyclic so there were several long periods without a blow up. So far, he has take good care of the place. I just hope he doesn't try to retaliate in any way as he leaves. --76.15.x.xxx |
serving papers (by Pattyk [MO]) Posted on: Apr 16, 2013 1:59 PM
Message:
Sounds like you are doing the right thing. Your lease is a contract and you are within your rights to not renew. All tenants know this. He has the same rights and you don't' know that he may be planning to send you the same notice. It's just a business agreement, as you are not renewing. Pretty simple.
I've had one tenant who was not happy upon notice and made the last month even more assuring that I made the right choice. You may or may not get flack from him. The last month could be the worst. Or he may go quietly.
Come here for support! --184.239.xx.xx |
serving papers (by Katherine [TX]) Posted on: Apr 16, 2013 2:59 PM
Message:
Feel for you. One way to serve is to "nail & mail". Mailing has already been covered above.
Nailing means to post on his door and have a witness and a cell phone to video the posting.
Your witness can video you posting the notice and then you can hold up your phone to get an image from it of the date and time. . .and you can also narrate what you are doing and the date/time.
This creates a "contemporaneous" record of the event, and will hold up in court.
We had to do one recently. . .hubby videoed me. . .and as we finished then the tenant came home and we have video of her throwing the notice at us. Police say it service is WELL documented.
One other thought. If you feel threatened by him coming over and yelling, call police. Should you end up in court a police report citing his belligerent behavior is very valuable (not to mention he might get the point if the law gets called.)
--97.85.xxx.xx |
serving papers (by Katherine [TX]) Posted on: Apr 16, 2013 3:03 PM
Message:
One more thing. Some states have clauses allowing for expedited eviction under certain circumstances (such as documented threatening behavior by the tenant toward the property owner.)
Read up on your LL/Tenant statutes there in NY.
Both TX and MO have these types of remedies but not every state does.
Learning your state and local statutes will help empower you. --97.85.xxx.xx |
serving papers (by LL [AZ]) Posted on: Apr 16, 2013 3:49 PM
Message:
You might try a little sugar. Give him a "nice" notice that you will not be renewing his lease when it ends at the end of May. Tell him a little white lie, your elderly cousin from Timbuktu needs a place to stay and you are really sorry but he has to move.
"We're really sorry, we know it's inconvenient, but we have no choice, you understand how old people are." "Please leave everything in order and of course we will have to charge you for any damages. And here is a cleaning list, please let us know when you are ready for inspection. Thank you so much for being a great tenant, if we can help you with references or moving please let us know."
Try to do this in person, and then let him know that according to the rules you also have to send a notice certified mail - that way he isn't blindsided. Being blindsided is what makes people mad.
It's too bad you are in New York. In AZ when someone threatens us or threatens to damage our property. Well, in many ways this is still the old west. We point out the error and suggest they find religion. :) :)
To eradicate vermin try to lure them outside with sugar first, if that doesn't work squash them with a sledgehammer.
- --24.121.xx.xxx |
serving papers (by LindaJ [NY]) Posted on: Apr 16, 2013 4:43 PM
Message:
I agree with LL. Write a nice letter that the lease is not being renewed and you are giving one month calendar notice to vacate. Which means you have to let them know by April 30 if you want them out by June 1. Try to make it sound very business like and what you expect as far as cleaning and condition of the property. I would not give any reason in writing, but if asked be vague about needing possession back and how sorry you are.
--71.164.xxx.xx |
serving papers (by BRAD 20,000 [IN]) Posted on: Apr 16, 2013 8:07 PM
Message:
I like the nice part but I leave out the lie. "Joe, Just to let you know we need the house back. We have plans." (Yeah! to boot you out!)
From what you describe I would NOT talk to him directly.
And stop answering your phone.
Do the proper steps, watch your back, but keep moving forward. I'd just send him the written notice.
The laws usually says CERTIFIED, but in real life, people do not accept these or go to the Post office to pick them up. NOTHING good comes by certified when you are a renter.
Our court allows us to post it on the door (did one today!) and take a picture with a date stamp. We ALWAYS send one regular mail with a simple stamp. Every way possible so they cannot complain they did not get service.
I HOPE you have followed my safety rants about being the MANAGER not the OWNER, and never giving your home address or phone. These things will help protect your personal safety.
There ARE crazies out there and you found one. He even passed your screening PROVING we never really know what's going on inside someone's head!!
--67.175.xx.xxx |
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