State Specific Question About: NEW YORK (NY)

I have a question you all probably thought of at one point or another, and if you havent i would still like you opinion....

Would you let a tenant free load off you during winter months?

Have a tenant that lost his job, is behind on rent and at this point probably not be able to catch up on rent. I can evict but I have 2 vacancies already and I know I would have to demo his apt, paint, new carpet ect... so my question is do you let this tenant free load or evict for non payment @ an added cost of $300 when all said and done?

Also reminder once vacant I would need to pay heat bills to keep pipes from freezing because winter is fast approaching now that we are fast approaching cold months.

I'd evict (you'll have to do this in Spring anyway, so the cost is a wash), turn off the water at the street, open up all the faucets, maybe blow some compressed air thru the pipes, drain the water heater, pour RV grade anti-freeze in all drains and the toilet tank, plunge the water out of the toilet, and spend the winter getting the place ready to rent.

Have a generator on hand to supply power for your crew and an indoor propane heater.

I hear you, I can't turn off the water to the street because this is a 5 unit so most likely i'll need to heat the apt. Side note: the Guy is paying 50 bucks each week so there is some income but we are hitting next month quick and 50 bucks isn't going to cut another month of rent due plus late fees in two weeks I don't see him recovering...

He should be paying 150 bucks per week to be current so this month he will be 400 dollars short but because he is paying something it is why it is kind of difficult to cut my losses. Bird half in hand so to speak. Plus I have 2 vacancies in the same building already. This past month I am seeing not many tenants looking for an apartment i assume it is because winter is comming.

Little different now that he is not exactly free loading. He is covering some costs. Paying for heat. Can make a case with your other vacancies to let him stay. I don't like it but it's not my money either. I would tend toward moving on but I do like the other ideas of finding him work and getting a promissory note. Why is he not getting unemployment? Where is he getting the $50? Is there more money there that he could be paying you?

I would look to get more from him in a number of ways.

I would evict. I would get the place ready and market it. I keep hearing all these cold-winter LL's claim that there are no people looking to rent in the winter, but that is not true. Rentals may be slow, but not non-existent.

All those people who burn down their apts with candles and XMas lights with shredded wiring need a new place to burn down -- sorry, a new place to move into. All those people being evicted need a new place to free-load at. Corporate transfers, people graduating from college or post-grad after the fall semester, ...

So I'd get the free-loader out and start to look for the next tenant.

Thanks for the option i might have him do some work I like that idea too... also looks like he applied to get unemployment thanks for the email on that, looks like some of his income is off the books, So much for unemployment but still not ruled out. also I asked how he is getting money, he said his relatives are giving him some money and he is getting food assistance which looks like how he is also getting money. He is turning into cash at the corner mini-mart some how. I suppose I give him credit in that he is trying to pay but the trade off is still a tuff decision... Keep ideas and opinions coming... and thank you in advance...

What if he decides not to heat the place. You have no control. Start the evict. If you are considering the free loader then:

1. how long has he been with you?

2. Was he paying on time?

3. Is he taking good care of the place now? Clean, etc. Or is it nasty? dirty?

4. Are all utilities still on?

Are they current or about to be shut off?

Acts of kindness aren't usually successful AFAIK. Would the guy get a job anytime soon? How well do you know this person?

What's wrong with agreeing on partial payments, meet in the middle, accept half the normal rent?

1. He has been with me for 8 months

2. yes was paying on time, 3 late fees paid in past

3. Place is clean, i check in and he invites me in each day so do not see any dirtyness.

4. I do feel heat being on when i go into his apt so i would say yes.

Chris, I hear you about acts of kindness, we usually get taken advantaged of in the end. I can go the partial payment route, and see what transpires but I know it is risky. Not to mention the holidays right around the corner so more of a potential to be an issue.

Hey everyone thanks for your answers, I filed for non-payment Eviction today....

Seems the inevitable has happened, The well ran dry not able to pay this week....

Alls well that ends well. Now on to Act 2 "Court" take 2 Eviction...