State Specific Question About: NEW YORK (NY)

Good day, I have a tenant we have no lease with and we are month to month with. We certified a letter asking the tenant to leave by the end of next month. Our tenant hasn't paid the currents months rent and left the apartment 24 hours ago and left all the lights on in the apartment on purpose. Do I have the right to enter the studio apt. And shut them off?

Does your lease address LL entry?

Nothing you wrote suggests to me that you have any right to entry at this time.

Did the tenant give you possession by written statement and/or returning keys?

Typically, post notice to enter at least 24 hours prior to entry.

Thank you for your input thus far. No we don't have a lease agreement with the tenant. I have not got written statement or keys from the tenant at this time.

Just an fyi, I am not the kind of person to shut off lights or heat on someone renting from me, nor would I throw someone's stuff out on the street, but the tenant has been with us for over a year and has paid on time. So I know he must be a bit mad we asked him to move out but we need back the space for us (growing family).

My utility bill is going to go up and up if he does not return right away. I can see from the outside every light is on.

So frustrating when I have treated this tenant with respect and now with a certified letter asking him to leave in 48 days, not the typical 30.

How can you be so sure he's not there, passed out on the floor, gas flowing and his car stolen?

I would enter to investigate, with a witness. While there I would flip the switches off, and make sure water is not running, heat not off or too high, and no gas valves open. Safety requires it.

What's the worst that could happen? Is it worth him suing you? Will the Judge award him anything for you turning off the light switches?

If you are sure he left and state law allows you to post a notice to enter and enter legally in 24 hours, I would go in and turn the lights off if I were paying the bill.

just follow the law to get him out.

Question is it just lights? I would post a 24 hour notice now. And at that 24 hour notice check and see. Unless you hear water running and yes I really mean if you hear it. while in the house, I may flip a few lights off.

I agree, post a 24 hour notice to enter to replace heater filter, and then enter. If you happen to adjust the thermostat and turn off lights when you leave (and any running water), that is okay.

And let's say he has 10 light bulbs burning, all 100 watt. 1000 watts per hour, or 24,000 watt hours in 24 hours. That is not a huge electric bill.