Tenant (BP private house) says hes not paying rent

amother

Wed, Jul 03 2019, 5:37 am

imasinger wrote:

In your shoes, I would send one written note before involving a lawyer. It would state clearly that legally a/c is a tenant responsibility. It would also say that rent was due last Monday, and that a new lease is being prepared by a lawyer, who is also preparing an eviction notice. Which document is forthcoming is up to Tenant; if the rent arrives by ____ then it will be the lease.

Not happening. The last thing in the world I'd want is giving this tenant a lease.

watergirl

Wed, Jul 03 2019, 6:32 am

Top floors get hot. I understand the frustration of having to pay for central a/c and still boiling. Giving them the option of using window units instead of central a/c would be helpful to whatever tenants you have.

Involving the parents - are they co-signers? Cant be, there is no lease. Leave them out of it! Do this thing right.

Charging them below market rate is in you. Not sure why you keep bringing it up as an offense on them. Same with the 5 kids. Not at all relevant here.

Lively kids is irrelevant. Kids are supposed to be lively. They live on a top floor. They will be heard. Moving forward, its on you to find a way to better buffer the sound coming from the upstairs tenants.

Sounds like you want them out. Thats your right as the landlord. So go through the proper avenue and evict them. Don't do this the heimish way. Do it the legal way.

amother

Wed, Jul 03 2019, 6:33 am

imasinger wrote:

So, you want him out? OK, sorry, different story.

He has been way too pushy and obnoxious the entire time (I started a thread years ago, about him cluttering the entire basement and front hall with their belongings, and when we tell them to remove their things, they ignore). No one can tell him what to do. Hes the boss.

As long as we get along, and he realizes that were the landlords who decide what were responsible for, not him, I can live with them as tenants. But thats not his personality (and I believe his wife is scared of him, so no use talking to her), so the only way this would work is with his parents involvement. It might seem weird to many here, but he just does his own thing. We say something totally fair and reasonable, he ignores.

33055

Wed, Jul 03 2019, 6:46 am

amother [ OP ] wrote:

You want him out, then go that route. You have been living with an obnoxious tenant in your home for a long time now. Get them out and raise the rent to market level.

Talk to the parents if that will get the rent paid without lawyer fees. I doubt it will work to get them out.

Start eviction proceedings ASAP. Raise their rent to market level if legally allowed.

Kids are supposed to be lively as one poster said, but people who cohabit the same dwelling are supposed to be considerate of others.

Get this family out and get better tenants or use the space for yourself.

amother

Wed, Jul 03 2019, 6:51 am

Im not going the eviction route (yet).

Afaik, his parents are decent people. I need normal calm mature people to deal with.

If I go the BD route, what will be if in 6 months he threatens not to pay rent unless...?

Ill be living in BD as long as he is living here, if all I have is him to deal with.

Hes not reasonable. And whatever BD would decide, Im sure like the sun will come out tomorrow he will ignore. He isnt reliable. He thinks hes the landlord and can tell us what to do.

nchr

Wed, Jul 03 2019, 6:55 am

amother [ Indigo ] wrote:

I'd ask a lawyer how to proceed because there's no lease you said.

And I agree with above poster.. kick him out, get the heat problem fixed and raise the rent.

Realize that it is difficult and costly to evict tenants in NY State, including those without leases. It is even more difficult since the laws that were recently in addition, he is a frum man and children, so you'd need to first go to a bais din.

He probably doesnt have money and is using the a/c as an excuse. I'd try to get on amicable terms with him to see how to proceed. His family may be the right place to turn to.

amother

Lime

Wed, Jul 03 2019, 6:55 am

Bd can negotiate. One of the terms it negotiates can be leaving (I would say ending the lease but there is none). If the parents are decent, try them first. If not, try a rav or bd. If he really doesn't listen, bd can issue a heater arkoas. But I would not start proceedings in court without a heter arkoas from a responsible bd. It's a really serious issur. Even threatening to go to court may be a problem in certain cases.

watergirl

Wed, Jul 03 2019, 6:56 am

amother [ OP ] wrote:

I’m not understanding why you are not evicting him.

33055

Wed, Jul 03 2019, 6:58 am

amother [ OP ] wrote:

Talk to the parents. Go to the BD as soon as you aren't getting your rent. If he refuses to pay after the BD says so, get permission to take him to g○yisha court. Then get him out. BD becomes expensive.

amother

Lemon

Wed, Jul 03 2019, 7:18 am

Just to chime in here, since we are having an issue with our landlord not fixing our a/c, if central air is part of the “package” when you move in and sign the lease, it becomes part of the obligations of your landlord, and he must fix it. At least in NYC. But again, if you fixed it and it’s working, then he’s in the wrong. We have central a/c in our very old and run-down rented house, but at night we shut the central and run a window unit in our bedroom, since the air is very inefficient on the whole top floor. We got the window unit ourselves.

33055

Wed, Jul 03 2019, 7:37 am

amother [ Lemon ] wrote:

Landlords are not required to provide air conditioners to tenants. If a landlord does provide an air conditioner and it breaks, it is up to the landlord whether to replace it, unless replacement is agreed upon and stated in the lease.
NYC.gov

I took that from NYC's government website. It seems that it must be specifically spelled out in the lease. There is not nothing about forcing landlords to maintain existing service absent a clause in the lease. Consult an attorney.

amother

Cerise

Wed, Jul 03 2019, 7:40 am

You are absolutely NOT responsible for their AC. Please don’t spend another dollar.

Op you must educate yourself with your rights as a landlord( very easy there aren’t too many🙂)

And you must start the eviction process now. Contact a good lawyer.

amother

Brown

Wed, Jul 03 2019, 7:47 am

I had a similar situation where my section 8 tenant wasn’t paying his portion claiming he was out of a job and didn’t have. I called his mom (my tenant is 46) and told her that if she didn’t find somebody to pay the money they owed and the monthly portion I would start eviction. The parents paid up and send us a monthly check of $485. And she won’t look at me when she sees me

amother

Crimson

Wed, Jul 03 2019, 7:51 am

Do not go to beis din. They are the most unreliable and corrupt institution around, especially since you say the tenant is a rebbe. Don’t go to a rav either.

I would suggest mediation and sign it by a judge. This way you’re not taking him to court but you have a legally binding document that orders him to pay.

amother

Crimson

Wed, Jul 03 2019, 7:53 am

amother [ Lime ] wrote:

No one takes BD seriously. Not even the BD themselves. It would be a total waste of time, energy and resources for the OP to go that route.

33055

Wed, Jul 03 2019, 8:23 am

amother [ Slateblue ] wrote:

This guy has five kids and you're involving his parents? I feel like I'm missing something big here.

What's there to be missing? OP wants her money. He is not acting like a responsible adult, and she wants her money without going to an expensive BD or an expensive lawyer.