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I currently live in Long Island, Nassau County, and my Parents received a 14 day notice from our Tenants that they will be leaving. As of right now, they have trucks lined up and they are packing their belongings. They're horrible tenants, noisy, disrespectful and avoid us because they don't want to be confronted.
Their rent was due a few days ago, and by leaving on the 14th, we've lost this months rent, and next month because we have to find new tenants! They keep asking us to use their security deposit to pay off the rent, but we're not stupid. That deposit is in an interest bearing account as required.
They say they are moving to Florida, and we recently discovered that we're not the only ones chasing them for payments...there's a bank taking them to court and, logically speaking, I don't believe it's possible to legally obligate them to pay us in a week. What steps do we take now? The damages to the upstairs apartment is way more than the security deposit, and they said they'd repaint the apartment upstairs and never did. They basically, in essence, owe us over $5,000 in rent and damages.
These tenants are on a month-to-month basis, there is no lease, and they verbally told us they were leaving. Nassau County requires a 30 day notice and they gave us a 2 week notice verbally...What do we do?
Be glad they're leaving and join the line of debtors that's chasing them. You could take them to court, but for what? A judgement that may never get paid because of the the others ahead of you?
I suggest you follow the law regarding that security deposit..if you dont' and they sue you, you'd end up paying them. That would really suck.
I agree. Pretty much your only satisfaction in taking them to Small Claims court is that you'll probably win a judgment against them but will never be able to collect it. They will, however, have a heavy blot on their credit record which will make it very difficult for them to rent much else. There's much your parents can learn from familiarizing themselves with your state landlord tenant laws and also from reading through this forum in order to avoid such problems in the future. Good luck!
It's only the 6th of the month, so if they are already in the process of moving (trucks outside), then you have 3 full weeks to get the place ready to rerent and to advertise. Knowing what the rental situation is in this area, your parents should have no problem finding a new tenant in 3 weeks.
However, big however. I suggest your parents reconsider being landlords, hiring a PMC, or at the very least reading up on what it takes. If they didn't do credit checks or other reference checks on these people, certainly this time around they should. I know one time when I was renting - many many years ago, the prospective landlord requested a home visit and liked very much how we lived; especially including how well behaved my dogs were.
Hi everyone, thank you for your replies. As far as I know, my parents did do a background check on these tenants and no red flags. We've been great landlords and normally operate under a lease, but these circumstances were different and unfortunately took a turn for the worst.
@NY Annie: They gave us 14 day notice but the county we reside in requires a 30 day notice. If we got their signature stating that they gave us 14 day notice, is that legally binding? What can we do with it?
They could just pack up and move in the middle of the night with no notice...
If they are horrible with financial difficulties... sounds like your parents dodged a bullet on this one... any idea how much lost rent and expense an eviction costs?
Last edited by Ultrarunner; 07-21-2012 at 12:02 PM..
Reason: typo
I live in Suffolk so am a little closer to you. Just be glad they are leaving.
You could take them to small claims court, but the first thing the judge will ask for is the lease (note to you ; done ever rent without a lease).
Also if there is a line of people waiting to get paid, you probably will never see your money. Can you tell, been there, done that.
In suffolk, a sherrif's eviction costs time in court, plus $1500 cash (with no guarantee's on when they wil come to get them out) so just be glad they are gone and you are only in the hole a small amount.
@NY Annie: They gave us 14 day notice but the county we reside in requires a 30 day notice. If we got their signature stating that they gave us 14 day notice, is that legally binding? What can we do with it?
Use it in the birdcage? Seriously, what should you do with it, nothing. What CAN you do with it? well, if you want to be out more money, pursue them in small claims court as OKD says below. It'll cost you a ton of money with zero return. You could better put that money to use putting an ad in the paper right now, today, to rerent it as of June 1, and to repairing damage and spiffing up the place.
Quote:
Originally Posted by okaydorothy
I live in Suffolk so am a little closer to you. Just be glad they are leaving.
Absolutely. They could stay for 3 or more months without paying rent, forcing you to go through the courts to evict them at quite a bit of out of pocket costs to you for nothing to gain and many more months of no rent.
You could take them to small claims court, but the first thing the judge will ask for is the lease (note to you ; done ever rent without a lease).
Also if there is a line of people waiting to get paid, you probably will never see your money. Can you tell, been there, done that.
In suffolk, a sherrif's eviction costs time in court, plus $1500 cash (with no guarantee's on when they wil come to get them out) so just be glad they are gone and you are only in the hole a small amount.
You're lucky they left on their own. Usually got to go through eviction and then have the sheriff/marshall force them to the curb. Be lucky that you got the place back to remediate and get it ready for the next tenant.
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