Posted by John Merchant on December 15, 2006 at 20:41:44:
Although Garrett is right as rain, and anything extra you do for them may come back to bite you hard, since it is Christmas time, lay on some Christmas cheer and tell them that if the family has the place emptied by Jan 2, that’ll work for you.
In fact, I’d tell them that if they do YOU’LL pay for the cleaning and even give them a $100 gift certificate to something to hasten them along and maybe, just maybe keep them from trashing the place completely.
Just be aware that your state (and probably NYC or your borough) will have a bunch of LL/T statutes and ordinances that you’ll have to follow to the letter to evict, so either start your legal research now or better yet, get this to your lawyer asap.
As I recall it, you don’t exactly live in a LL’s dream city and the T has all the rights.
Posted by DJ-nyc on December 14, 2006 at 14:11:12:
Just feeling a little sad after learning that one of my tenants past away yesterday. Unfortunately, her boyfriend and nieces are still in the house but can’t pay the rent going forward. He says “just need a little time” to bury her and get the furniture out…
I am in Brooklyn, New York City where I have grown “deaf” to what tenants say, I usually just start eviction. This time I am going to give him “a couple of weeks” like he asked and talk with him after the holidays.
I am going to have faith that they will do the right thing. I hate to be SCROOGE at this time of year but my mortgage must be paid!
Anyone who has experienced this, please give me a shout because I am a Fair Landlord but I have been screwed by tenants so many times, I have become cold to these situations.
Don’t buy the excuses. They will pimp you for free rent as long as possible. Deliver a 3-day notice immediately. This starts the process. Not sure about timeline in New York. but the longer you wait, the bigger the loss.
Re: Tenant died now what? - Posted by Garrett Sutton
Posted by Garrett Sutton on December 14, 2006 at 17:49:05:
DJ: While I am heartened that you are concerned for your tenants I would be very strict in how you proceed. If they need time to wrap up their affairs then the deceased’s estate can pay the rent. I would assert that rent is due for the time they stay over. Good luck, Garrett
Good Luck collecting from deceased’s estate… - Posted by Gary-ORE
Posted by Gary-ORE on December 22, 2006 at 17:40:40:
as the lease likely terminated with them. There might be some instances where the leasehold estate would actually have value beyond what at first glance you might imagine. (ie- in areas where there is rent control and the leasehold interest can be bequeathed, or in the case of a commercial property where the lease payments may not have escalated as much as the market might bare).